>> commissioner president loftus i'd like to call roll commissioner president loftus commissioner vice president turman commissioner marshall commissioner dejesus is in route commissioner hwang and commissioner melara commissioner president loftus we have quorum we have present with us police chief greg suhr and contra-costa alameda thank you sergeant good evening and welcome everybody to the final wednesday, february 17, 2016, police commission meeting sergeant, next line item. >> item one consent calendar q the police chief forceps 5 new tablets if the gorilentrepreneu sought into the richmond valued at $700. >> colleagues you have in your packet this is on this consent

calendar i'm trusting you read it was wonderful this gorilirl t troops are using their money for the richmond that is used by the community groups and this troop is incredibly generous excessive anything. >> we want to thank the troops for giving back a community room that is used by many groups the girl scouts use it the most and like to look nicer they're doing something about that and the first one is at least appears to be 20 years old that is great to see a problem and fix it thank you to the girl scout troops i will welcome a motion on this with the consent calendar and so moved. >> all in favor, say i. >> i. >> opposed?

that item passes. >> sergeant, next line item. >> sergeant, next line item. >> general public comment at this time, members of the public may address the commission on items of interest to the public that are within the subject matter jurisdiction of the commission except agenda items. with respect to agenda items, your opportunity to address the commission will be afforded when address the commission and not to the occ personnel under police commission rules of order neither police or occ personnel or commissioners are required to responds but individual commissioners and police and occ personnel shall refrain from discusses during public comment please limit our comments to 3 minutes. >> good evening we'll start public comment. >> i see two folks up here. >> okay welcome and good evening. >> good evening my name is michael i represent government

assess project i'm here about a few items first up on the screen it is a memorandum to the sunshine ordinance task force it is from the office the city attorney written earlier this month i've highlighted read is the basis of my complaint to the sunshine ordinance task force about your january 6th agenda when a person of average intelligence and education was interested the police killing of mario woods and the aftermath be aware aware of that item on the agenda that's enough with the image please come back to me turn off the image turn that off terrific so last night at the sunshine ordinance task force i complained against this commission for the january 6th

for failing to agendize mario woods was heard and the committee of the sunshine ordinance task force found the police commission in violation of open government laws regarding preparing an advanced agenda what you've been doing up to now in terms of saying the recent activities will be discussed by the commission president and the exclusively and that's not good enough questiyou have to give u specifics from the memo from the city attorney the basis of my complainant you've not agendized the mario woods killing in the two months you've had it since the killing yes, of course, the death of mario woods this is a come up but not the same as putting the murder of mario woods on your agenda this is what i want unfortunately did

sunshine ordinance task force can't tell you to do that i'm here to say to you, you need to improve how you handsome your agenda what is on the agenda and include mario woods killing on the agenda now regarding the killing of mario woods i say to mayor ed lee you have got to get out of stepchild you've got to get out out f you bubble and hold town meetings about he killing of moses and listen to the community regarding a lot of demand for police accountability and until the mayor gets himself to town hall around the city b about police accountability the mayor needs to understand that he shouldn't enjoy -

>> lost my train of thought thank you. >> thank you, sir. thank you. next speaker, please. >> good evening and welcome. >> welcome all right. i guess i'm here for the mario woods just to keep his name in memory but asking for documents if someone will give a signed copy as received. >> you can hand that to the police commission secretary. >> the question i'm asking now is a suspect and an officer meets facing when does hand combat and other tools slash weapons come into ballet from

hur hand in hand to pepper spray or baton or handcuffs or a knife or beanbag or a ak 47 this is the question i'm asking i'm looking for policy and procedures regarding those things and just for the record i'm not very intelligent but i got questions. >> sir there is a page on the police commission website which the use of force it includes you all the draft use of force policies. >> i think i'm looking for training manuals as well so let's see. >> thank you, sir. >> next speaker >> good evening and welcome. >> good afternoevening my nam juhaun a lawyer i'm also one of the lawyers working on the blue rainbow task

force investigating whether there is racial or other bias the san francisco police department i'm here on behalf of myself and my colleague we're here to express our gratitude to the police commission important it's cooperatirdination in investigations as far i know you've been personally extremely cooperative and conduct interviews with you i'm glaratel and want to thank the commission for disclosing the documents for new materials and let the commission know we anticipate those materials will be helpful to us we endeavor to understand house the commission operates. >> what the commissioners understand about your role when we join the commission i'll be happy to answer any questions you may have. >> thank you very much thank you for your time.

>> thank you, ms. yee. >> next speaker >> good evening and welcome ms. brown. >> hello, everyone good evening my name is paulette brown i'm here again on this thursday to bring awareness again to my son i'd like to use the overhead. >> aubrey abrakasa what was murdered august 14, 2006, to this today his case is not solved i want to let you all know this year august 14th will be 10 years 10 years. >> this year. >> that bothers me but all i know to do what i'm

doing and continue and go consistent at it i can't let any sons memories and his life go down the drain like a lot of the children's lives have and the mothers are given up i'm not that motto give up i'm pretty sure if an animal can take care of are their cuba's what can we do i have children that are living he hwas my only son not t the age it have more children and changing diapers i want closer i've not going did gotten it i bring the pictures he had a father a mother and a father that raised rhim well, hs father from nigeria we're not together because of the death of

my son it separated us so he had a good family raised well, i have not qualms no regret for being a parent to my son he had both parents at home but this is what we left with this is what we're left with this is what i'm left with. >> this is what i'm left with 10 years where you got our former mayor gavin newsom saying i know who killed her son and the da and the police after that was recorded after the examiner and said this nothing else was done about that so so this was what slap in the face nothing else put it the paper but nothing else like i said, i fight for other mothers and children but

my main concern is my son my 17 year-old boy who i miss dealer like i said he had a mother and father who raised him well publicity yourselves in my shoes i know you see three and four every thursday help me. >> thank you ms. brown for anyone watching other home any information of the aubrey abrakasa there is an anonymous tip line (415) 575-4444. >> thank you. >> 10 years. >> 10 years. >> too long. >> good evening, sir and welcome. >> good evening

good evening not very often does someone tug at ones heart enough to cause me to is it correct step back. >> you know dual outlet is a bittersweet pill to truly comprehensive the alliance den regarding dana's ruling the relations and politicians dan refused the king royal faster choosing vegetation and his involvement in killing animals seized a long time in coming in san francisco town the information long awaited by my friend a warrior a broke hearted

mother paulette brown i'm not putting father a request or demand it is a command put energy and get this thing squared away someone get this information to chief suhr or sus suzy loftus and do it today. >> it's not about it is about closer and love not race and sfpd you'll be expanded to pick up the pace. >> denzel washington talks about the cops the chosen people yes chosen to change the whoever we all need to arise together it is a beautiful place this place called the promised land

40 days away we watch the children play and shut down the animal houses and be kind to all elephant and mouse and mania population of vampires but the person in this country jooeesus christ and cesar chavez their hasten i had a catalythiropract adjustment it is norman yee that pushed the bill to allow the people with california care to have a chiropractic and also talked about true transparency and that's why he was set up one hundred person from the get-go and a missing warrior in san are to slow down the andy lopez case i hope he's already but the case

of the car in pennsylvania they found his car and things that he's been missing auto thank you, sir. >> thank you. >> sir, i have to give people the same time so thank you. >> your time is up. >> i appreciate it isn't. >> hello. >> welcome my name is silvia johnson. and i don't care very much about the police department and upset i missed one of the police

officer message they were gone and that we are sometimes you know so aware of all the killings and murders going on that - technology that is not being brought up and needs more planni explaining on our exercises that we do everyday and we need practice for our act where we're not aware of systems that powers that i've been round and sparing that is not very good. >> because i have been trying to maintain all the paperwork it's

been sleepimy friends have been sleeping over and those things we need to be you know explained to where we practice and be aware have to take away the evils and we have all righreadyg towards to talk away that this is goes to cost money but i'm going to make sure it will not happen anywhere to we'll be more aware of what the parents of how we get the things to stop before it happens i think that as me being ill it's 0 not been very you know much aware of which i'm trying

to get everything straight and that category comes up having a tumor and especially it eats the brains and so i think that we have things that we're not being aware of that is causing a lot of things to happen before we look at the exercise off those things catch it before it hemispheres i have very much experience when i was 14-year-old i first announced on the radio that i curd cancer. >> thank you. next speaker. >> good evening, sir and welcome. >> hello.

>> can i give you those mime michael adams thank you for your time and for everything you do. try to help this community last week chief i think you mentioned that shields were not included in the usd's policy i think there is some dispute about that i'd like to- show you this article from law and order magazine i don't know if it is a legitimate news but it descriptions ablastemic shields as offense weapons i'll encourage you to encourage and include any and all devices the use of force ask our jail staff why they take

springs and keys what about used as a defensive weapon you broadened the use of those in training h h those are standard targets what do you knnotice about them in campaign common their mostly all black not hard to understand the ski psychiatristal and things black translate to the street if you do a google eventual you'll find a few that are not black caucus b caucasian but a long tilook at hostile face the sense of threat associated with the white the black images are generally passive stable second thing is so think about

this i wouldn't casuccessor tho if you're the military the reds and this people as they trained toward black the use of tarz policy has an interesting piece that suggests that avoid shooting in the face the chest area that policy didn't apply to cabins it is very interesting that an officer gun can be allowed to shoot anywhere by the tarz is limited to not the face and other places so i will want you to about that and maybe take all the cabins and give people tarz and only the guns of sound-proofed interpreters or on call individual there are many

models for conflict resolution the packet not just binary many choices that person has to deal with conflict and the laced thing please reward officers that don't kill people >> thank you, sir. >> thank you, sir. >> thank you. >> thank you. next speaker. >> good evening and welcome. >> the first time i've spoken i'm a little bit nervous i appreciate all you do i've worked with for the police department before i know how hard it is thank you for being here and license numbers

listening to all of us i want to bring your attendance to judge canceling i can't and helping when the supreme court against bill clinton and also a very serious and true i'd like to you to look at david schoed.org da vi d, s h u ter e r.com and talk about the information about judge canceling i can't and very tired of the countertop active system join us for the 2 it full moon and western oak bart we'll meet there and make some changes

thank you >> thank you. >> next speaker >> okay there's none public comment is closed. sergeant, next line item. >> be item 3 reports and announcements 3 a chief report this 0 is to allow the improve chief will give you give an bankruptcy limited will you explain and reo of the department structure and presentation regarding the academy training regarding the usd's and earthquake safety and emergency response and easter bond. >> good evening chief and director joyce hicks and public i'll try to be brief we have presentations quick update we did suffer a double homicide over the weekend on twin peaks early hours of

sunday morning and investoigatos had the benefit of very good leads and good partnership are the richmond police department we made an arrest warrant the individual was charged we believe responsible for the two homicides to very, very sad event but great regional cooperation police work and good work ambassador i sdwoodistrict attorney's office so that person is not at large as far as milestone my comments last week the department has been working with stakeholder to update the policies and procedures. >> limited english proficiency are coordinated with our jamie and marion from the back destructible in helping us

k340e7d from representative from the occ and the assault and do know ding /* domestic violence advocates and the commission commissioner melara one 3 department blunder the department is lack of foundation assess serves attire limited english one department of translation and documents to have reports in booking statement documents as evidenced and third the language services information that is basically a pocket guide and i'm sorry that's the card and the quick reference guide for language solutions we have a very robust language online services the city and two department blood sugar levels are issued one we spoke to the department blunder and training video an online survey with regard to the access it was issued today enable that

all officers have to sign initially receipt all members shoring and non-shoring will take the survey the video was produced to remind members of the requirements but most importantly of their obligations under general 5.20 establishes the language consistent with state, federal and local mandate the second blood sugar levullet capture how many english individuals are getting assistance that we spoke of last year hthat will happen and breakdown by the witness and stunt and do realtime uploaded immediately

that's the update on the lapd and the news with regards. >> can i stop you are you moving on past lapd i want to sass say for everyone we're not open this has been a big focus i've been here since 70s working on the language and making sure that folks with limit english-cy that police will help work 6 them and this video was after the result of investigations that were done i believe at occ that led to a recognition that if there are language barriers sometim sometimes, it is hard for the officer to know who is the victim of domestic violence and the victims world-class inadvertently arrested that causes concerns if so important that after the controversy dies

do you thing this is the moment we have to say the process we have worked we identified something to do better and constituted it and the fact that the department will do this with the advocates is how you change culture and recognize the department really needs the training to be able to serve people that have an english proficiency so i want to under score it feels like the solutions smoking gun sometimes this is a loopholeer. >> i want to acknowledge the secretary she's been instrumental in pulling all the groups together atogether and helped us stay the course. >> it is cool thank you, sergeant killing shaw. >> next, we as we looking at and move forward with the doj review initiate one of the

things that's been common the other recommendations that there is a dedicated command level person assigned to the review that person has an organizational structure that meets in this case a hymn took place over the weekend is where he we have a bureau of professional standards and promise policing the deputy chief is deputy chief tony chaplain bring up the explosive chief and chief chaplain the direct liaison and on this commission for the policies and responsible for seeing to it all the recommendations are followed through an and also already the designee that works with bassett on the same issues and also thibe the liaison to the commission honon policies and the use of force policy that are be presented and

oversee our work on the 21st century police and task force president obama and obviously written directive we've can modify change quickly and effectively and efficiently the chief will have written directives under him as well as the behavorial science unit the cit is a critical piece to this as well as the blue encourage and have hostage negotiation they're sort of the most advanced of those people that duo do crisis intervention and intermediate levels of advanced cit similar to the specialist team those groups that are foster into the hostage

negotiation and our youth engagement unit the priority of this administration over the last 5 years of engaging the young people are opportunity from p d candidates to summon and across the country and on and on and on to try to attack the violent crime the city versus trying to get out of situations not the kind of fruit the engagement has with that, i'll offer the deputy chief the floor for a moment. >> i'll be brief good evening, commissioners this is a surprise i look forward to the challenge presented and moss most you have you i look forward to work the new capacity and important work

that will be done and needs to be done a great change for the city and county of san francisco and i look forward to being part that have change. >> chief thank you thank you, chief you can stay there don't run away i'm happy to see you this chief what i think you heard you saying i surveyed others cloufb review recommendations probably out of league of women and philadelphia and took a recommendation that appears to be consistent if there should be small business and change the organizational structure; is that right? >> yes. we made note the initial meeting with the advanced meeting with the doj and they were very, very welcoming of the fact we'll have that level position and one with an organization structure blow it. >> when was the last time a new zero was added.

>> you'll have to go immediately after 9-1-1 when the security is damaged. >> it was a significant statement like the things are we're talking about are issues to address somehow the culture a structural change a critical aspect deputy chief share b a little bit give you a little bit of background and that would be helpful to share a little bit about your career the sfpd. >> i stated my 27 year in june and worked exclusive the african-american community by choice the chief kept me in choice positions i spent years are years the gang task force and the attorney villa huge wave the violence started a j.d. program we did the closing

statement enforcement but worked with young men and women and tried to transition them out of gang violence and had successes and failures we worked with a lot of the community-based organizations and c joe marshall we worked wifor the mega sad it is no longer in existence i met a lot of people during that course that i stay in contact with but paramount the career was in gang task we learned about the violence playing the city and the focus of this new position will take many he a chief i know we served on the criminal justice system task force share about the roll in that group. >> absolutely i'm doing the data collection portion so far on the santa fe police department and oakland and

others pleasolice departments a looking at they're doing in regards to database but santa fe has a big be law enforcement agency and admittedly a little bit of arm twisting but they are by far the lead in the bay area with regards to the data collection and right now working in sfmta astanford and doing soe go incredible work and like us to do that that will require a partnership with an outside entity we're doing good but the analysis public schowill be whe is done. >> i see what you see oakland perhaps we can incorporate here and i sat down with oakland assistant chief dr. paul figure

right now he picked a specific officers that officer he started the activities then went to race then to his car stops and how many people of african-american ancestry were zip code by that officer and if they're out of whack with the same officers the same area but also do that with pedestrian stops for the same officers all the officer activity pull that up in his demograph desktop at many given time. >> chief we appreciate our leadership chief suhr a tremendous amount of work both occ in partnership with the doj so it is i'm very happy to see you very happy you're in the roll and thank you for your

continued leadership. >> dr. martin. >> can't call him 101. >> i'm sorry, i know laura i know i don't get a twist our arm or doing the mission impossible i'm glad you couldn't have given this to a better person and i know you're going to do a good job we need the leadership and move forward with this so you know me whatever you want me to do i'll do it so thanks man. >> thank you, commissioner. >> thank you commissioner mazzucco. >> deputy chief chaplain allison park proud of you it's been a long time since i watched you work as a prosecutor and were able to solve but explain to people what we were doing and

why and the prosecution and you were an ambassador then and you had a future and proud to say i worked back then as a prosecutor and perhaps help us with the faith and confidence in you. >> commissioner president fong commissioner wong did i hear you said the cit is under this commission i was supportive of the cit i've heard from the cit community members we need constant enrollment from the police department does the command to make sure that is reinforced how you'll continue the television station of charging the cit as a high priority for all the officers aha a merging earlier today about that i think that chief is he left things out he command

the homicide division and maybe and to that end became the commander of all the all the investigations and did an unbelievable job whatever he's been asked to do that. >> that's an incredible selection to one of the things in washington, d.c. i learned you may have known that the changes we're looking and how sort of how different that had been whone of the recommendatio across the country has said you've got to pick officers with the craigslist and the ear of people on the street and gang task force you understand fundamentally how tough the job and your leadership is going to be very important and setting the path forward for officers this not something that is being imposed on them from an outside place but a lot of good reasons something in it a better way

that services the community and the officers just an incredible choice and look forward to seeing you more on wednesday night (laughter). >> i do too. >> i do, too commissioners (laughter). >> thank you anything further for the deputy chief. >> no next i'd like to ask staff to come up and do a presentation on some of the reengineering of the use of force that is underway and other things proposed. >> captain yee welcome you were in washington, d.c. for this conversation about use of force i want to go thank you commissioner wong that saw your presentation before the board of supervisors and thought that was very helpful and that this commission also will benefit

from understanding the ways and the direction and the immediate steps taken so thank you champi captain. >> thank you. good evening commissioners and chief suhr i'm greg yee count san francisco police department within the training division we have the basic recruit academy continuing training for professional and veterans officers and field training anyways together the ucsf and training review sorry i went low tech. >> the paper. >> the first slide as the chief suhr the department can be the training committee and it will be responsible for reviewing the current training practices and the ucsf and force options the commission open best practices within the region within the nation being look at

it and we're constantly making change to policies and procedures to improve this committee will revenge in october of 2015 when we're reengineering this was october we started to look at the reengineering and use of force within the train within little san francisco police department. >> since that time we've made significant changes the first change was our pistol qualifications where we added an entire day of training for qualifications when officers are on the lion they wihave to hear the word threat to fire at their target not an automatic they automatically fire hear the word treat tea not all target have to turn at the same time, they have

to see and hear a threat before they discharge their firearm we're improving the range we're adrc a new toornth system that actually has a three hundred and 60 degree take into account system you can put two targets one at any rate on one side and non-threat on the other side and depending on the sequence those each office may have a different situation commissioner president loftus you'll have the threat and commission all are the no non-threat and visualize. >> i'd like to comment with only speaker early said our targets are great. >> you read my mind. >> our the fact of the matter a target are great. >> no fast, no fast, no eyes silhouette their rubber kickoff

rubber sill wetsuit their blue that signify not non-target. >> your take the opportunity the giant as opposed to be a person it is rubber with blue. >> the cards are blue. >> got it. >> so also your foyer qualifications the officers fire no more than two shots within each of the shots there is an assessment period where officers assess the situation. >> back up on page with the fire. >> the stages of fire where officers shot from various distances from 3 from the 4 foot to 25 yards and a stage is at one of those distance lines were there can, two shots from the

strong hand or two shots from your i'm sorry i'm right-handed so two shots from the weak and two shots from the strong hand or officers are asked to step to the right and assess and a left so there are also other stages of fire where officers use barriers in between them and the threat cover for distances, so not just standing at one line firing different shots but different stages of different distances with different movements and different really different thinking situation captain hoping that you could talk about what that i think that is a core of the shift to create like the national decision making assess repositioned and reassess if you

could i think - to you it might be very plan about how changing these this creates that opportunity but speak to that. >> the decision making a how this creates rethinking and reassessing the threats as opposed to firing multiple round 2, 3, 4 former mayor willie brown we last weearned about th decision making model it is someo something that officers do but not explain what they did i put on the it's called the overhead there is a picture of the model where officers are asked to collect information what kind of situation are they going to assess the information and assess the threat level of the situation a person with a knife or gun a person in crisis is that a domestic violence all

that information is taken in by the officer the officer assess that information and once they their on the line they have to decide policy you know is this threat is that a shoot or a not shoot decision to make knowing their responsiby're res firing orders and responsible for every round needs to be accountable for ever shot and be able to explain and articulate what we did what they did a policy consideration i mean this sounds like a lot - but it can happen this thinking this quickly thinking can go fast like riding a beautificycle our but as you get experience with the training and situations the thinking and the process can go a little bit faster the other

point is the options wheat are the opens options if so a no threat where are my portion who is the response to the threat that faces me from the person is standing there is the target there with nothing on it but verbal communications as opposed to from the target turned around with a firearm then what is my proportion it will be a high-level and then after you assess the situation you always reassess after you fire the shot to reaccess is the threat still there. >> no, no i was going to do say someone mengdz in public comment how the continual force how officers have been trained you go up the chain and verbal and can be pepper stray and baton and then up to the gun and

part of the vision that set out from the report is this idea of when you were reassessing those various moments not ramping up if you're able to take a motel moment amoment. >> can you it cspeak to that. >> the intentional force it goes forward or up we're stressing every situation is different and ever situation is fluid you could go up the use of force or down depending on the situation what information or what threats or non-threat is facing you so that's part of assessment process if a person puts the knife down you'll lower our response where you'll go to

verbal communication that is stressed at ever level verbal communication and with the subject is key and captain our training to you know it's your presentation but train to the current doj so with the the president and stakeholders you're looking at the language is quite different it goes to the code of ethic and sanctity of life it would be great to cover how the aspect of the policies is in there go ahead. >> thank you. >> and, speak to the sanctity of life now. >> so given the is an activsa life all life matters in our current statements of values you know life is one of the values it is something we need to remind officers and reinforce

and bring it forward to see that or is that ever life matters in situations the public is asking for your help 9 police department is there to help and the last thing we want to hear is i asked to help any son or daughter but instead, you killed them so the sanity of life is that all life matters and given the opportunities for officers to respond in active situations if given the opportunity we're stressing that 9 time to cover before in communications so really deslaescalate the situats given the opportunity to do so. >> a so as of february 8th some officers are required to take 8 hours of practical train at the range and the classroom destructi instruction we tubed weapon scenarios and put the officers

through the as far as they are concerned, at police range we've not going downey done that with proportionality the officers are to qualified with their firing range weapon if they're certified the pistol qualification two hours of classroom instruction community-based organization into responding people of crisis the sanity of life and the options and shooting other moving vehicles and ucsf and again time distance cover and slowing down incident if given the opportunity to slow down it is a time we get to receiview orders are office ars and have that discussion if they need clarity or questions about

poli policies and procedures. >> but the position to the range training we're looking at the procedural justice and legacy courses in january of this year we sent core members to do oakland police department to take the course an 8 house post sound proof course at the end of this month in march sending those to the trainer component they can come back and back to the police department and train with trainers and train the department in procedural justice since argumentative 2015 all recruits the san francisco academy got cit training and sending 4 additional officer to simulator training post sound-proofed to operate those

and those officers to santa fe in april the four officers it is important it provides the officers with those scenarios their shoot don't shoot scenarios and the structuinstrun change the snare by a switch by shoot and don't shoot and make every scenario different and ask the officer why they did what they did it is a critical thinking force machine that is i am peripher imperative the we have a course where officers shoot don't shot situation by sidewalks or around barricades and stuff based on the course we added a

deesclation to that course the deesclation basically the person with a knife the room the gun control toe goal for the recruit officer to deescalate the situation and back out of the situation contained the set of the the feedback from the recruit officers said that was part of most challenging scenario interceptor not expecting that only shoot shoot shoot we switched but it was challenging and they found out they didn't realize one officer didn't realize sthey could back out that was a good very good training exercise we continue to do and with woork with cit to h develop some of those scenarios so we just don't create overseeing scenarios in a vacuum at the academy and there is a line the new department jeopardy

orders before you that speaks to the fact that it actually states it is if you decide is back out and not death and injuengage. >> that's the actual code. >> i'm sorry commission auto how many probation officer monpeople hav taken this and with the scenarios with the deesclation started in october so you had 3 classes; right? >> how many. >> about 40 so one and 20 recruits went through that. >> but for the new force option every officer will get it at least once this year and a certainly amount of officers get it twice and going forward everyone gets it twice a year. >> that is up this idea as far as an american phenomena not just to san francisco there are

opportunity to back up you can back away and we're calling a tack ly reproportionately they call it in other country's it is retreat apple issue of officers feeling like the public miter think i'm a punk but the idea the training gives them that opportunity. >> it is important as as you may know the policy on the officers are not allowed to used ucsf this arrested happening they rush to a scene and do the assessment and back off and stand adopt this is asking them to do this if at all possible and from the perch of they've already have an edged weapon it might not a dogger bdanger but not an active danger to compemp the same tactic. >> the police academy in their

present a 3 today course over and over decultivation skill 23 members are attend and tomorrow is the last day and the peace institute is amazing. >> this was through jan we took up, up, up 0 the over. >> 0 as far the february is great it is look at touchy fe feelly thai like it and always something to learn as that is about the exorcises of cit and conflict resolution and engaging the police department. >> did you say 23 how did you select them. >> i didn't select them. >> good answer (laughter). >> so we wanted to get a cross section from all departments i

believe lieutenant jack heart and others collaborated open that. >> long with deputy chief makayla. >> you know i'm not familiar with the piece can you talk about when you say it is touchy fe feelly. >> actually a friend of mine that i had known from the puc her partner is a member of the jams so a colleague of hers when we were moving into the last year had a lot of conversation about the cit and deesclation had it's name a close to mine but done the training at lapd those 23 officers will be capable after this classed to train the rest of the police department the same model. >> what is touchy feelly

about it. >> the officers go through the same training. >> part of it it talks about feelings and getting to know each. >> touchy feelly that way i thought you meant touching. >> part of it getting to know the other person to find a common interest have the confidence once you build the ripper and have someone in common you'll work towards - >> i got it thank you. >> whether i think the power is with all the officers skills one of the best skills are the verbal skills and does an analysis we're seeing our common core we don't train enough people and being a good effective communicator but people in the department that the department values the

ability to communicate verbal you'll back up it with training. >> and many of the officers are sergeants and seasoned veterans that are represented known within their commands so as they differ the train this is credibility the presentation who they are. >> exactly. >> you know there is address to the fair and i am partial training depended on science and bias research on the bias so the power of the police department reached out to us they're putting on the trainer to trainer for impartial policing we'll be sending members to that the value we send officer to santa fe we send them inform palo alto and oakland and selectively decide what fates

san francisco's needs. >> the palo alto police department is in this training. >> yes. the palo alto police department. >> so as far as professional development in june of relationship a2015 we hosted th blue encourage it remind the officers their purposes why they became police officers to help someone and take care of yourselves to help others and inclusive leadership young sergeant and lieutenant to help 7 habits with stephen very difficult if you haven't read it we're doing another blue encourage the 18 and 19 of this month and every recruit class they get 4 hours of blue encourage to remind them why

they became police officers. >> i wish we were doing it on the weekend. >> that's a busy i'd like to see it on the we understand weekend. >> commissioners. >> i'm trying to work it into my schedule i contacted the captain i believe we can attend part of it i'll try. >> i think the - the thing of note for blue encourage and the idea is one of the things that does mitigate bias the notation what you started for and why it matters and what you care about there is another strategy to do that and that's really very powerful and that's lieutenant hart has been working on this

this is i take another thing th. >> and i see that executive officer direction committee policy committee that was compound and the committee was responsible for research and review and discussing proposing the changes to the departmental policies for the usgf options and chief suhr and this policy committee developed the policies that were submitted to you last week. >> almost there. >> we did have an opportunity to send robert co-bell to visit the scott irrational pleaolice. >> he was already there we didn't send him, i was on vocation in london and offered to go we extend his trip we already there. >> i'm i want to put that out there. >> he needed our backing to get to the door but able to

review the policy and the train that police scotland provides their officer it is really a different philanthroosophy the k but the tactics and the communications and a huge training requirement the way they train on deesclation they don't have firearms 2 percent of their police department do but their forced the situation they have to deescalate okay. >> 6 percent. >> two more slides. >> just a quick comparison of the based on the study of the e reengineering use of force so we put our san francisco police department side by side and mostly all the categories identified by pursue the san francisco police department

exceeds the numbers of hours of training for the recruit officers you may note that e.c. w is tasers that's my rapid zero but efshlth we steady the national average. >> and lastly our percentage wise based upon the perk study for officers we see every other year you know we steady we excel in some areas and other areas we need to increase the baton they'll actually, their zeros those components are the baton train as the pepper spray are incorporated with the defensive tactics the 10 percent and the ucsf scenarios where the officers get the poll to use the tools based on the situation presented to them and that's it.

>> sxherlg. >> i'm occurs about the concept that i've been thinking about asking a question the whole concept of sanctity of life my only training i could not comprehensible lists but teaching human rights people understand the right we have at ever aspect of our existence but sanctity of life how to teach someone and insure vethey have grasped that concept. >> again, i think that the constant threat assessment that the object has stop the threat not to topping take it up the turn away that mutually turning farthest there is so many things

the constant reminder throughout the training and policies the statement that the priority is the sanctity of life so i think that this is something they don't a lot in urge united kil in washington, d.c. they added that more into the critical decision making model the same thing those 4 things in the critical decision making model the root of that at the beginning the captain accurately described we were awkward negative impact continuing to pass through it is seemed it was laborious the way it was explained your fluid the whole time constantly it the repetition and over and over and

constantly playing the core values and the sanctity of life proportionality and going around and through every single thing you're doing passing measured according to the core of that decision making model. >> okay. thank you i get a. >> a work in process but commissioner dejesus question one of the reasons people speak to the culture is when we have done firearm training twice a year the same thing and becomes muscle memory we' be chang this muscle memory over and over and over and over again until nobody remembers what used to be. >> okay and commissioner wong i have a related question had a abo there been a philosophical shift. >> i cshift like the task force

shift our police officers inform a guardian model their protectors the community a paper written by sue of the washington state that talks about changing the academy it is more studiuit that be a protector of the community and sort of the tactical and the things you've actually done in shoot don't shoot a philosophical change in the academy >> it's changed it going back to purchase why we're here and what the warriors and the guardian you need both it is like a path to the- depending on the situation we want the officers to learn the nuances and learn they have choices to make critical decisions on how much warrior is needed now as opposed to as guardian monthly

guardian to protect those unable to protect themselves to emphasize in the courses and reemphasis it in every aspect of planning e training whether driving or physical sense of tactics or law or ethics have we shifted we really rahave not bu emphasis the guardian visas the warrior but a need for both it is dynamic i think that the root of blue encourage is not fact so blue encourage is ongoing and speaks to the code i don't have it off the top of my head its been a long time coming it's on the tip of my tongue but the officers recruit going introduce blue encourage for 4 hours and certainly the conversation we'll have about the sanctity of life

will be the communication work in process. >> thank you. i think you imaginatio mentioned there have a was ha shift in the take cancel decision making and for the officers having their gun drawn ask a question before drawing their own weep or what is the threats or something along the lines and that's part of the cit training questions as opposed to if you the officer arrives at a scene and sees it we were with a sxhaf drop the other knife drop the knife but the cit training understanding mayor philip levine millionaires /* mentally ill why do you have those the little green people are coming out and i'm protecting myself that's part of the cit training we try to emphasize not about

you about but that person is feeling you'll not know that unless you ask the questions. >> one of the interesting things in the skoolts if you pull the fine. >> someone 3 times to drop the knife drop the achieve you have to think of something else. >> yes. jd. >> thank you, captain we will continue to monitor the process and have you come back and let us know because as we're you know assuming our roles and policymakers it is clear the direction at the academy is your moving and that i have east you're not waiting for us to finalize the piper we'll have you back. >> all right. thank you. >> i'm going to suspend item 3

a temporarily in order to return to this item we'll go to item 5 i'll invite supervisor cowen welcome supervisor cowen. >> colleagues item 5 discussion and possible action inform adopt the resolution in support of xhoelgz promoted indicator an amendment to increase the office of citizens complaints to investigate the officer-involved shooting question. >> we were briefed by director hicks last week on the cheater amendment that has been offered by supervisor cowen and i put this on the agenda this week for us to discuss whether this commission and body want to weigh in on an important reform right of charter and give the occ additional authority to investigate all officer-involved shooting s so i'll innovative

supervisor cowen to share. >> thank you. >> this information with us and let us know more. >> good evening i speak in the fafternoon so its the evening it is quote in here looking for more action tonight. >> (laughter). thank you. we like it >> you like it like that. >> it's been - and the police commission has a tough job as it to any colleagues on the board of supervisors we have a tough job and a serious responsibility and this particular time so today i've come before you to ask for your blessing in a measure i am proposing to bring before voters in june it is a simple and clean measure very straightforward it is requires the officers excuse me. the oh,

my god office of citizens complaints to have an independent investigation any time a 0 police officer fires his firearm you guys know what triggers an occ investigation and this is another the request not a request made in person but what happens is that those officer investigates are only performed with the request is made so as a result there are several officer-involved shootings that go without an investigation so what i'd like to do have an opportunity to educate them about the work with the department and again to open up the dialogue around the discussion on many of the items if you've been discussing here today and in a heightened awareness and also the sense of responsibility we shoulder where

we're commissioners or elected officials are not i imagine you guys are well-versed on the measure it is the large project authorization is also in line with the recommendation president obama police officer task force and under the blogging agrees i'm exist this will come back to the rules committee next thursday on the rules committee it about come to the board of supervisors we go listen and vote on it twice and after that, i hope an unanimous off and running and take it to voter and it becomes a campaign issue i'll be happy to answer any questions you may have. >> i'll be honored to have your support. >> thank you commissioner wong. >> thank you to supervisor cohen for bringing this important irk or issue to us i guessed my concern we discussed

the controller's office set an acceptable timeline for resolving the complainants and with the staffing at the occ they're having a problem right around that deadline so i'm concerned with adding an additional function to the occ without providing additional support in that the budget what i was joking saying to the press we need to quadruple the occ budget 90 minutes an officer accused of swung wanting to clear his or her name and a citizen making a complaint having the budget so we can take on the job and cut down on the 9 to 10 months that folks have to wait and as you may know when you're bringing things to the ballot aesthetmany moving parts

the conversation with director hicks and continue to move forward that is wohy the measur is important it allows us to have the conversation with other members of the board will not i have unanimous support on the board how that translates into mower dollars i don't want to put the cart before the hours but making additional requests. >> it is our job to advocate for the department and the occ i told director hicks that is absolutely essential to the healthful department and the housekeeping has their budget fully fund and following best practices around the investigation you're doing our job as a commission you i want to say that one of the items

i'll say attending the officer-involved shooting town hall that involves the otherwise, i always make that the three the occ will conduct an extinct investigation in this a complainant is filed that's at antiquated reminder that frankly didn't suit the time an absolute desire and need for an except investigation i'll let you know you attend but an assumption on behalf of the public this happens i'll offer this is an important situation to fight for the resources for occ then while bring that back to mr. rosen in he her chair. >> i want to comment that director hicks is successful coming to the supervisor board and i think last year, we did very well and continue to work to champion an increase the

particular budget and the other thing i don't want money to be the reason not to have the dialogue it is important we have this conversation. >> thank you supervisor. >> commissioner dejesus. >> i want to thank you for your leadership this is very difficult all aspects of that life matters and the obeses a officer-involved shootings we tell the public that very angry and upset they will the eject will investigate if someone brings the complaint what but the occ will investigate and months later their surprised no action the occ does a great job i believe they go out for you will officer-involved shootings and start the investigation and where it end up i want to commend you i agree we need to

move forward given the temperature of the city we moved quick quickly. >> there's a point i wanted to bring as you may know from attending the town hall meeting you get a ray evolution i agree the folks the community it is had a rig hard to receive information they want to share how they're feeling but in 2014 only 25 percent of the officer-involved shooting s that are investigated and again. >> by the eject. >> excuse me. you're right investigated by the eject so that's why i'm bringing the measure forward. >> i want to finish that thought when we're there we know the department will investigate and the district attorney and everyone assumes the occ will investigate they're the most - i know that they're as you said that is necessary this is great the time is great i know that the occ gets a

percentage of the departments budget so they're at least something about that percentage in there anywhere. >> well make sure a percentage we know the departments budget is going and it makes sense when w it comes time they'll have the responsibility. >> i'll you sure to copy and paste those remarks and send them to the budget committee. >> commissioner vice president turman. >> i think that director joyce hicks. >> i don't want to preempt gell go ahead respond to the percentage the occ will get a percentage the departments budget a provision in the city chapter that is a the occ will receive one investigator for every one and 50 police officers. >> thank you.

>> you're welcome. >> commissioner vice president turman. >> yes. i just want to commend mr. rosen as well for bringing this important issue up i will say that even though in the office of citizens complaints we investigate 25 percent i even in - >> correct. >> i'll tell you at the beginning of ovever officer-involved shooting they respond to every single one always on site because of the process begins in which they have to pick up an investigation your proposing a natural continuation of efforts again from the beginning as it responsive as you've been on the issue i want to that the eject he commend you for all the officer-involved shootings it is a natural thing the public expects the eject will you're right money should not be the

reason we do this we'll be asking for (laughter). >> try to take up a collection. >> commissioner marshall. >> i wanted to say like everyone good job no seriously this is i use this anything eal you're in a person crisis the last thing to shut the noise out from the ipad and igniguide you through it and coming up with ways to get you there to me a community crisis and understandingly maybe we've had all the noise what we need more me to people to come up with things to died guides us through the other side and the chief is proposing will get us there we want to get introduce the crisis on the other side so thank you very much. >> commissioners you flatter

me i appreciate the in his accolades i don't get a lot of compliments but complaints this measure we've put in also come from a body that is grounded from the community and license and developing some sound strategy they're responding and the way i see it a compliment to what the mayor and chief has done and this body with making changes to the general orders to maya angel making yourselves available it is a difficult time in terms of transition but i believe that something positive will come out of that the end. >> thank you. >> thank you. >> director hicks. >> yes. commissioner president loftus and members of the board i'd like to thank supervisor cowen for her vision for the office of citizens complaints for so long with the police

commission and vision for the officer and the support of occ budget and so we can do the work we're mandated to do by the chapter and in recognizing that, yes the eject roles out to officer-involved shootings and there is an exception from the community that we are going to immediately begin our investigation and while the chief and the commission indicates this is the complaint is received the occ will investigate that is not what the community hears it is very, very r ra raw and emotional 3450eg and we'll conduct on investigation and in the review that i did of the officer-involved shootings the last 4 years 35 recorded at the sfpd officer-involved shooting s yet the office of

citizens complaints received 8 complaints in the 35 this is would increase the occ workload i'm goi i'm sure that will be addressed that as very important step for the office of citizens complaints i thank you. >> thank you. >> well, i'm ready to call the question laura well, first we must take public comment so thank you supervisor cowen and i will innovative a motion regarding that resolution. >> good evening. >> hello mistake again government. >> public comment on item number 5 just to be clear. >> you know you guys were found guilty yesterday excuse me. in violation of the sunshine act tonight, you changed the agenda in the middle of the meeting to accommodate supervisor cowen you should have changed the agenda at the beginning of the meeting you've got to get it together on setting our agendas

better you're doing a disservice to the public this is showing up and watching now on the merit - matter you're talking about a policy resolution where is it it was not posted on the website can we have a copy a written copy of this resolution it is available? >> i think so. >> well, that was not posted on the website not on this table it is really a problem with this commission not putting things in writing you may take a vote now on a resolution that none of us have seen if you're going to show it to us now it is really another disservice you're doing to the public if you do pass this resolution and supervisor cowen get with the what she wants sounds good more investigation but i'm not

hearing since she made her introduction i haven't seen anything that says the names of the officers will be releases are we talking about more investigations conducted behind closed ignores the certificate of appropriateness get protection and their names are confidential are the names the cops be revealed details on the information that was shared with the eject occ those questions have not been you've laughed with chairperson johnssuperviso the facts you've not presented us with the resolution and not addressed those important matters will the names of the officers be disclosed and exactly what kind of information will you share with the public

when the investigation is over will the files be transparent or held in confidence you've got to address those questions and i really am thinking you've got to put off the vote until the public has ample time to look at the written resolution thank you. >> next speaker. >> or any is there any additional public comment? >> >> i have concerns as well i know how the court if the court sacase they don't ask me they ask me where the money our fee waiver and copies or weather whether where's the money at and basically consider what type of investigation you do if there's no money you know what you going to do put chisel everything you don't

have money for pencil and paper not enough money for an investigator to come out or enough investigators older computer equipment is just like you adding an extra burden on an overly tacked system where's the money where's the money he doovl feel that when people work on prevention many times they'll take extra time to make sure that legislation is right it is correct it makes a strange parallel with the others watchdog organizations in san francisco they decapitate them but not providing the money i know that go ahead with the motion but you need another

document for the money and it needs to be hard-wired into the occ or the budget i mean, we need it it to be hard-wired i mean it is not good enough and not ready they need the proper resources to do their j job. >> thank you. >> is there any additional public comment? >> on item number 4? >> hearings item 5 is closed so commissioner mazzucco did you have a question. >> no for the record this is to voice our support but for the pga the will resolution the occ is simple on the record the occ does do an investigation in every officer-involved shooting there is not ambiguous there is just to be clear the occ

responds to every officer-involved shootings do they continue with the investigation unless there is complaints this is the confidence of public do they continue an investigation of ever officer-involved shooting i's i move to approve supervisor cowen's amendment. >> i move we support supervisor cowen's charter amendment because again, it is an action item for the commission and an action item for the legislation that will be passed at the board of supervisors and another level for voters it is incredible i move to support supervisor cowen's. >> i second that you i want to clarify that there is a draft resolution we have that in your packet the commission staff make that available to the public the reds supporting supervisor cowen's proposed charter will amendment to increase the jurisdiction over the

officer-involved shooting whereas the occ jurisdiction to investigate the officer-involved shooting s when a complaint is filed whereas 2015-2016 has the charter amendment to investigate officer-involved shootings whereas brown recent this chapter about enable them to begin a officer-involved shooting investigation and serious or bodily injury therefore, be it resolved they support the charter amendment to increase the occ jurisdiction to investigate the officer-involved shooting s that is there is a motion and a second and . >> can i make an amendment that the public has not seen the resolution. >> can i talk. >> can ii was any - since the public has not seen the resolution we vote to endorse

the expect and th content /* concept and support an actual resolution to bring it back to the public so would you accept a friendly amendment we endorse the concept that supervisor cowen has put for the that the police commission endorses that occ investigated all officer-involved shootings? >> i'll turn to the city attorney. >> yeah.s, if you approve the amendment you can go forward. >> for point of clarification that that the other option if we can get print copies available we'll come back for the vote and do other public comment on united items for actions looking to the city attorney what the

best way. >> for the combines i suggested but - >> it seems like the safer course to say an action item on tonight agenda would be before the commission to go ahead and approve that if you go that requires there is a written recuse resolution so the commission can vote think on a verbal resolution. >> to add to the record. >> right addressed the commission secretary draft according to, however, the commission would like to read and draft it according let ultimately put the item back on the agenda for the public to see but the concept is properly appropriating on the agenda for endorsement of that particular matter. >> so it sounds like the motion before us is whould you accept american people friendly amendment by commissioner vice

president turman i procured the concept sforp the commission staff to draft we'll vote on that and it will be brought back for official adoption and agendized were there will be public comment on the actual document. >> commissioner mazzucco. >> i heard from the city attorney we can actually act on the verbal portion so at this point, i move to move as i did earlier with the verbal description of our support for this i feel confidence and confront with doing that. >> i second that. >> okay. >> so - >> sergeant, next item. >> call the vote please. on the motion to accept the verbal resolution superviso david chiu's. >> no

commissioner vice president turman marry no commissioner marshacommissioner marshall what are we voting for so accept the verbal resolution that commissioner president loftus read into the record. >> sxhaush how do you vote. >> i'm still. >> this is pretty straightforward a verbal resolution the public has not seen on a piece of paper commissioner mazzucco didn't want wants to vote on what is read into the record and to approve the concept when everyone can look at it. >> he didn't want to make the amendment an up and down vote go. >> commissioner marshall how do you vote own the motion to accept the verbal will motion from commissioner mazzucco. >> i've heard a no vote means

what your you're not accepting the verbal motion as read into the record by commissioner president loftus. >> it's not about the issue. >> does that make. >> make another motion dr. marshall. >> we're the middle of a motion we have to follow procedure dr. marshalls vote how do you vote. >> i'm sorry was that a no. >> the original thing we did so i don't know what that means. >> vote yes or no dr. marshall. >> he needs clarifications are you are you voting yes or no on commissioners vote to accept the verbal resolution that

commissioner president loftus roared supporting supervisor cowen to increase the eject to investigate the officer-involved shooting s. >> supporting. >> supporting. >> yeah. i'm aokay. >> commissioner marshall commissioner dejesus councilmember brooks commissioner marshall and commissioner wong and commissioner melara. >> the. >> yes. have it 5 to two that item passes. >> so this is ironic i added it to the agenda we could support this effort so i fully support it this as i said it is unfortunate that is a tremendous amount of security in any this commission following sunshine rules i believe we can do better to make sure the public is aware to clarify it but we will direct the commission staff to draft

that and please posted it on the website and just for the record i support supervisor cowen's legislation as well and voted no for the same reasons that commissioner president loftus. >> just for the record the city attorney said we can adadou want in oral concept. >> to give the public school a chance. >> a.a. so i'm technique scheme i've been interrupted let me fetish. >> that was my (multiple voices). >> i had the microphone maybe you should watch it later and see that. >> so i think the woo it works is one person at that time. >> commissioner dejesus we can't preach deesclation to mro police officers on the streets and not practice it users if you want to speak there is age

button and i say snocommissione dejesus. >> i made my comment. >> thank you supervisor cowen. >> thank you. >> (laughter). sergeant, next line item. >> did thshe get what she wante >> presentation regarding earthquake safety and emergency response easter bond. >> i'd like to ask the department of public works one of whom formally was a member of the san francisco police department captain john goldberg before they start the presentation i want to remind the 3ub the names of officers in officer-involved shootings haar not kept brief but made public. >> good evening. >> commissioner president loftus and directs and chief and members of the public john from

the department of public works we want to give you a quick overview quick overview on 2014 the bond issue that is worked on the police facilities that was in nodding that was for construction of new substation and fire and emergency water and fooishth system that substantially completed and easter 2014 that bond measure was passed in january of 2014 with the 79 percent support great support for the police department the parts that have bond are one and $65 million for the traffic company and sources facility out of 1995 evans and additionally $30 million for yugd and fix some of the problems that the district stations and the range excuse me. not the range but the stab

he liv he lives along with the police department dpw did some- today is dollars 2 add and $74 million a substantial amount of money is a fraction of what is needed those needs are you know upgrades to the mechanic system and space needs as we move inspectors to the stations we've infer envisioned and some of the stations are one years old as much as some of the repair done the lifetime there were actually thirty years ago and things that needed to be repaired and go be workshops upgradeed there is changes in codes none of the work was seismic and since then

the loma prieta and other earthquakes a great amount of knowled knowledge and the wireless internet to move into the future those issues will be addressed in future bonds i want to josh the 200 and $74 million are bans today's dollars every unique repair and improvements costs b will that go up $30 million and people will say here's $30 million towards a 200 and $74 million project and we only need 200 and 44 we need a great amount more and some of the good news the exampwork has is gone first priority and public works to do to insure stacy for others disabled community from the

public right-of-way to the calaveres station work is on bayview and mission station some of the work , work is going don and we have here lisa from public works the project manager overseeing the project she'll go over what is planned for the stations as we know today could be changes there's work as far as tested on seismic and structural things so if there is big changes we would come back to you and let you know the commission on we know that the plans are in lisa also stated a week extra due on maternity leave so she's very dedicated new employee to dpw and doing on excellent job and in a side note i've been working with dpw about 3 years and the dedication to

you know the police facilities and tentative to the police needs is a wonderful to work with i think the department is getting an excellent product i hope you've seen from the police heralds with that, i am sorry to lisa. >> thank you john and - under 9 program so as john statistics the eer was passed in the evaluation of $4 million which $30 million are allocated to renovate, upgrade

or upgrade the exit police facility the police facilities under the 2013-2014 program there is will include federal and state exist facilities of which 9 are district stations and that are related facilities those are police academies and the golden gate stab he livles e areas are whether or not they're big enough to accommodate the police station they surveyed the security and accessibility and compliance and also exist building conditions that computed mechanic systems and electrical systems and plumbing systems building envelope matt haney

roofs and doors and wall and windows e so the cost along with those assessments a list of recommendations were made to address those proficient sisters the facilities and the cost estimate come back came back to a total combining of 200 and $74 million this is how much we'll need to meet the current codes and meets the operational needs by the planning commission practices so obviously 200 and $74 million versus the $300 million would we'll audddrs the critical needs of the station and use the city's capital improvement plan guidelines to help us prioritize some of the things we need to address immediately and based on the cap guidelines priority one

are those improvements necessary to meet the code reminded those are ada accessibility for the general public and priority 2 those for the lives health and safety to the occupants and prevent the loss of access a priority 3 the maintenance and existing infrastructure those will be the emergency generators and the systems repair roofs etc. so, so the next misleslide we w to show examples of the exist buildings that shows efficiency roofs that are leaking with standing water and shows water damage within the workstation there is also you know deteriorated extra walls that are exposing rebars that spell need to be repaired

the next slide shows the total overall need across the facilities and also what we have buggdgete for everyone facility so the overall need it 200 and 74 bottom line and the estimated cost over all $24.9 million so we built the 15 percent we serve that comes to 4 or $5 million unexpected issues the future so the next slide shows graphically the overall need at each of station versus what we have budget under the 2013-2014 program and the next slide is the spreadsheet that shows the details how we are allocating the budget across the different

stations and across the areas of improvement so we can see that we're you know spend some money on ada upgrades and all of these stations and spend most of the budget on seismical upgrade and the mr. flanagan >> mechanic system another graph looking at go where and how we plan to distribute the budget so the firstgraphy is showing we're spendinglism thirty percent of our budget on seismic upgrades and the rest is kind of the history of the mechanic, electrical systems and the iceland gets a little bit and plumbing a little bit we don't have much budget to renovate, upgrade the sites but we have a small bit of sites upgrades and one of the stations so the next two slides is

actually - we with this assessments from the professional team and also with the budget we've identified 10 projects that will execute the next 5 years and there's going to be si5 projects and upgrades and grants of the projects will pass a service component to it with the system upgrades a so currently 3 projects that are underway of which two or ada upgrades one under construction and the other at the end of the design and about to go out to permit and construction is slate for later this year and so i can - maybe we can look at the schedule

this is a 5 year look ahead of our plan started in 2015 and mr. will complete the projects identified by 2020 and there is how we propose to deliver the projects currently shows that we have 3 promotions that are in different stages of final construction and the future we'll - these are our planning documents it maybe change but at this point this is what we're doing and our goal to complete by 2020 that concludes my presentation. any questions. >> so we just accepted a enlist fromal girl scout troop that's pretty sad looks like a lot of the dollars how is the public being told is it just us i am not i say i'm not showure

high the dairp we have loyal viewsers but the captain to talk to make sure that the folks said the investment and why it is important. >> we're working closely with each station as we deliver a project at the start of construction wei'll let the public know this is a project this is what we're doing at each stations and as i understand mounted on the building and educate the public about the project and there will be i believe community meetings that we can attend if there's questions we'll answer questi s questions. >> that's good there are comments i've gotten comments i don't know if you know there are issues with the heating system at bayview station i bring this up. >> i lived there so it is - the air conditioning works when is cold and the heart only works

when it is hot so lisa promises me this had been fixed. >> there's different level one of the preliminaimer areas of improvement we're looking at it to you know fix as part of projegram that is different levels work and each of the station i'm sure as we look at that aspect of the project we'll talk to you and the occupants and find out there's complaints and assess the existing increments and make recommendatio recommendations. >> we'll make sure the presentation is on the department website as well and i want to thank leah and captain goldberg and captain harris lisa

thank you and good luck with the rest of the things you've got going. >> thank you commission lemon is that one lisa is out to all stations to find out what their concerns but to make sure that we planned the work around you know their schedule never mind not look at central station and not work at mission station during events but work with their schedule additional we're - there is be disruptions but to the decree possible minimize ait and communi communicate with their groups with the station meeting but the er ether - all those are done

at doesn't to the the voters to a commitment for e either 10 or 2014 written reports will go or will say on the work and you know honey shot pictures of the new building it looks nice so all the contact information for this e they are program advertised possible without spend a lot of bucks on outreach and other opportunity that tend to communicate to the public the best we're able to. >> can i encourage that to continue if we're meeting people where they are this is a great thing to be agenda decided that was a long time ago that greg y

suhr was the captain at the station but it is propose pretty extraordinary the that - we don't pick one in the southeast sector they can ended up at the end of the line but to factor the concern we've heard i lord to hearing i think there are a number of considerations and thank you for being with us here tonight appreciate it very much. >> thank you. >> puerto. >> saethd. >> occ director's report this is agency to allow the eject director to make announcements and reports on activities. >> off there she is. >> on cue.

>> sorrow to keep you waiting commissioner president loftus and commission of the committee i have no recent activities to report this evening thank you. >> sergeant, next line item. >> item commission reports and discussion and wanting report and use of force the policy working group and commissioners report. >> colleagues as we decided last week the commission staff has invited a stakeholder group to look at the use of force and sergeant what district attornay

>> it is schedule for next tuesday february 23rd at the public safety building from 10 to 2. >> in addition colleagues, i did have i reached but to the united states doj and shared with them our timeline it is again our design that we will be able to provide did draft policies with stakeholders february to the doj and hope they'll return it in time for us to bring it to say public and vote here early in april that's my update over and over the acholic beverage review will be having an information hearing everyone got their e-mail and posting it on our website it is going to be next wednesday sergeant do you have the details of the location. >> i don't i believe we posted online and over at table.

>> i will. >> sorry i do it is right here wednesday february 24th p.m. to 8:00 p.m. and marshall auditorium in san francisco. >> and he will share that is it is being described as a listening and first step in the doj process and the goal to listen and hear the community and priority a forum in which the community members can express their opinion we're dark on the fourth wednesday that provides an opportunity for folks to attend and share their thoughts next wednesday. >> colleagues anything commissioner melara. >> just a question somewhere i saw the police department will not be present i believe that representatives of the p d

police department will not be present i'll wonder if we are seei seen as part of representatives of the police police department so i'm just wondering because when i saw that and wanting to allow the public to freely speak their mind should we stay away as well. >> so well, i can't speak for everyone prospective we're not members of the san francisco police department we are the policymakers that handle discipline we've been insisted i think certainly as policymakers it will be good for us to hear and also the acholic beverage reform is designed to work together to addressee their concerns and so i would very

much building that to see which commissioners are innovative but i wonder if other have thought. >> to get paid we're on the police department project sponsor project sponsor. >> i'm assuming less than 4 respect right maybe 4 issues so just to be clear we're given one hundred conflict of interests stipend and get into the building we're distinctive a civilian employee badge that is confusing to sass say we're on the payroll as s the city attorney could you have guidance. >> i'm sorry can you repeat question i was busy. >> because we're saying this meeting will not have police presence interest so small business people from the police department and i was wondering

since we're part of mr. johnson where we would be seen as art ever police department commissioner president suzy loftus size that you know because we're policy marking body we're not necessarily part of department and so - but that means only three of us can how much not more than 3. >> couple of things important that the commission sets the policy for the department i don't think that is seen as a separate it is part of the city and county of san francisco and in terms of the acholic beverage reform effort it is a community meeting open to the public and they didn't mines they didn't express not to have a police presence so if any individual members of the commission time to attend that is in our individual capacity nothing that stops or public

comment on this item prohibits that but at the same time it is an appearance issue that is which is the purpose i understand the department of justice would like to have those meetings so the public feels save in a different environmentalist obviously the members of the public can come hear here the commission goes out to the community but having a different lens in. >> different view of that so to answer your question morning of an appearance issue. >> also just to be clear the duftsz invited us is a matter of fact, i understand when we have the community forums it on officers in uniform this somehow chills the conversation but as commissioners have been invited. >> we received the invitations from doj and i received the

e-mail from the office manager for the mentioning whether or not they were invited. >> we'll clarify with the doj to our point ma'am, deputy director city attorney. >> sxhoupg. >> i had a quick question the question have we had increased community participation a working group if you could share with the community folks represe representative. >> yes. there are and we carved out a specific spot for the jennifer on homelessness not the person taking the spot for the working group a young person that didn't participate so sergeant do you want to. >> so there are representatives on the stormwater or stakeholder from the alu the district attorney's office. >> they've been invite and heard back from some of them and

this district attorney's office and the department in human right commission and police officers association, all the police employee groups ahave ben notified the women's as police officers association and the asian egg peace officers association and latin and the san francisco bar as superviso david chiu's said the coalition on homeless unless and the member of the mentally ill outside the scope and 3 members the police department including d.c. chaplain and acting captain. >> is there is is 20 agencies. >> well 20 people have been invited. >> i'm sorry and the eject. >> sorry of course. >> directs from the eject my

apologies. >> a couple of quick reports i attended last friday, a conference supports by usf in the entering faith accreditation code violation coalition how the police officers could be involved and the speak writer for martin luther king was a close congressional dependent a close meeting that brought tonight felisa library john that is for the justice of mario woods and blaeks they might be a group they boardwalk out into human rights commissions and it was present at the gathering i think there will be fallout session with the fight leadership to start taking a leadership position on the issues trying to bring together

police and communities talk about how to improve police community and a organizer was michael from the san francisco interfaith a member of the human rights coalition last friday the attended the one billion the worldwide event to fight against domestic violence and last sunday i attended the chinatown the ymca joint later than you think and the black history month that is a good function the bayview to bring those communities together and finally time to you building there was an invitation that went out from the peace officer association the parade is coming up this saturday. >> saturday night. >> saturday night so for the commissioners who from the occ want to march and see the parade

i believe there is an open invitation to the entire commission you'll do you get to ride or march. >> you can march (laughter). >> are there any other items to report from any other commissioners? >> sergeant before we move own to the next item i will use my discretion as chair to reopen item number 5 and colleagues, i would like to entertain a motion to resend our prior vote because as both summary and i made clear we support the intent and the spirit behind the reds it would be unfortunate to have f that move forward without a anonymous vote we get into a procedural so

i want to correct that as that move forward it is clear to the board of supervisors so i'll i'd like to entertain a motion to recess accepted thascind that v >> it was confusing while we were voting and dr. marsh i don't understand if you understand that motion and was voting and he felt the same way i liked it well, i want to put a motion forward we rescind the previous motion and refirst class the motion to make sure that everyone has the ability to

vote. >> and make another. >> do we have a second. >> all in favor, say i. >> i. >> i'm sorry, i have to take public comment any discussion before public comment. >> i want to for point of clarification the chair niefrtd a motion to rescind is that proper. >> you have a paramounty so i'll defer that. >> yes. she can thshe can't me a motion beyond why we're having a discussion when we left why is assault all of a sudden this motion to rescind let me finish let me finish if we move to rescind anything in place or rescind period. >> the first part of motion to

rescind i have a motion to rescind or not excess e rescind and therefore, post a motion that understanding what they're voting for and vote for it maybe the sense or similar motion now the motion is on the floor and you can choose to vote the chair can take a vote. >> okay commissioner wong. >> i think that commissioner melara answered any question again by way of discussion although the compliances with such i may not be perfect it sounds like urgency to pass this any kind of effect on the board of supervisors rules committee and so if i understand commissioner melara correctly that we were going to vote again and -

>> i agree if we vote again with more language that makes that more comfortable i agree with commissioner president loftus i want this to be anonymous. >> commissioner vice president turman. >> i'm fine when we left i was - i think we're fine. >> okay. so let's pack public comment any public comment on this item? >> okay. the guys what referenced to san francisco 67 dash 9 your supposed to have these documents before the public so you can see them ambassador the other problem is that okay before you start changing the agenda items your supposed to do that at the beginning the meeting not the middle i mean legislatively you're looking like a bowl of

spaghetti from one area to other area and going back and trying to vote and unvote you're looking like a bowl of spaghetti than a legislative body those are robert's rules of order things that some of you are lawyers i'm surprised you haven't figured this in this for a few people's questions if you want to make a motion make a motion the motion is second than conversations then public comment and then after that, you vote on that so that's the process - i'm just it is very perplexing you know. >> thank you. >> is there any additional

public comment? >> public comment is closed. >> we have a location to rescind the prior vote. >> so moved and it is seconded sergeant call roll. >> on the motion to rescind to accept the verbal resolution to support supervisor cowen's proposed charter amendment to increase the office of citizens complaints jurisdiction to investigate officer-involved shooting s commissioner president loftus how do you vote. >> commissioner vice president turman how do you vote. >> commissioner marshall 70s how do i vote. >> no. >> 70s votes no and commissioner mazzucco is i

commissioner wong how do you vote. >> commissioner melara how do you vote the i's are 6 to one. >> that item passes. >> okay. so at this point, i will i'd like to entertain a motion to support off charter amendment consistent with the resolution that we have in our pukts which i read into the record do you recommend ma'am, city attorney i read into the record again. >> i think the motion should be to support supervisor cowen's promoted charter amendment to increase the office of citizens complaints and direct the commission secretary to draft a resolution and you can read the word you'd like her to draft that is xhvenltd wiconsistent wh that motion. >> i'll visinvite that motion support supervisor cowen's proposed charter amendment to

increase the jurisdiction to investigate the officer-involved shooting s i direct the staff to direct that whereas the occ curiosity jurisdiction to investigate a officer-involved shooting whereas on wednesday, february 17, 2016, supervisor cowen introduced the mainstream to investigate the officer-involved shootings and the occ to immediately begin the investigations in you'll officer-involved shootings relatedly in death or seriously bodily injure therefore, be it resolved we support the chartered amendment for the officer-involved shootings do i have a motion. >> so moved. >> sergeant discussion any discussion amongst the commission all did we just do this we read it entered into a record. >> i know i'm happy to clarify

if so it still confuse not confusing to in the point i made there was a procedural hiccup other commissioners have explained the reason that commissioner vice president turman and myself voted no, because of the out of procedurals we could do that better but give him the fatigoc tfa fact that was xhufkts you about that vote we voted to rescind and now a new motion to support this resolution. >> i was told that was the same motion when you voted and marshall voted for i understand you want everyone to vote with it. >> same motion. >> on the intent to show unanimous support s. >> i get did now again, i can't speak for commissioner president loftus

and sxhaurm their issue whether or not we were move in an appropriate fashioned with the reference to the regulation i think there was clarification and a goal for which community it is a great resolution that's the clarification they're no vote has nothing to do with with potty legislation only a prouder. >> one more thing i think we all agree we support it and want intoxicate anonymo to be ntoxi

vote. >> summary how do you vote. >> sxhaush how had had vote. >> commissioner dejesus how do you vote. >> commissioner mazzucco how do you vote. >> commissioner wong how do you vote. >> sxherl how do you vote. >> it's a unanimous vote 7 to zero. >> thank you thank you. i think this is a much more reflection of where this body is at thank you for the patience and the members of the public to have to see that

twice it is more important we get overseeing things right. i appreciate everyone we're going to move back into the agenda sergeant, next line item. >> item 3-d commission and scheduling the item for future meeting agenda. >> colleagues items that we haven't discussed to be placed on future agenda. >> okay. >> remembering the public that the commission is dark next week. >> thank you we'll now have public comment on items 3 a through 3-d. >> if you want to make public comment come up to the front, sir. >> good evening and welcome. >> thank you i appreciate the opportunity my name is a period of time a

president of berkley but virtuosa citizen of the bayview i was truman medical center officer jyee he promoted transmy be seated television station the alameda we got that close and moved and seconded for public funding to get started and you know the jails and the judge everybody from the judges to the scombra jails and two people men that had not allowed me to answer their questions showed you down met for so my life is a long widening road i'm the director donor the star we're thirty years old this year or actually last year and as the big star of star alliance the principles to

all to share and highest civic ideals we hope it can be tacked support in public schools and in rehabilitati rehabilitation and officer train whether i hear you're looking for options i see the issue of training i just wanted to introduce this topic and say from personal experienced okay so i have been assaulted a number of times in any life mostly 64 years old have some kind type of experience he was being throttled i love you stop it and the total strength of this grip was weakened at the mention of love and other time i have an 8 inch achieve at my throat the back of a car i said what you you do i

love you guys stop is that energy changed from violence to a soft enmaybe sudden and upcoming expelled expression of caring and love and good will is a weapon in defense a he and this needs to be looked by police training and into the public the choice between goodwill and ill loophowill the fundamental choice and if in crisis you see that beautiful sympt symbol captures this image this on elementary school classroom walls all around the world not just in san francisco and the united states it wouldn't mean so much if not a lot of thought behind it i want to leave it troy of documents for the

public. >> thank you. >> thank you, sir. >> doctor king said love our enemies i'm sorry any future public comment hearing and seeing none,. >> sergeant, next line item. >> item 4 blue-ribbon task force for the materials provided to newly possibility vote whether to waive the taking a look attc for newly appointed commissioners action. >> colleagues you heard early open in public comment we have gotten a request from the blue-ribbon panel for many documents we turned over the binder that was given to us we

were instructed we were the privileged document so the privilege is held by the commission in order for that department document that bloiin to be released we wave that prim we're here to discuss and the city attorney to discuss how we make our decision. >> just so reemphasis the commission getting got a blue-ribbon request sorry for all materials to newly exoneratappointed commissioners the new materials are assembly by the city attorney office and given to the new ly appointed commissioners no other document either from the department or the commission staff and so to the extent i want to make sure that that a a

case by case brace basis so whatever the city attorney's office garter the materials it provides the process of attorney giving you advice it is a attorney/client advise but different to each the commissions at the time our appoint the materials are attorney/client and rightfully so the commission didn't disclosure that the commission need to take a vote and it had been to say a majority vote to releases overseeing materials as case by case boos in terms of making sure you're fully informed of what materials are in you to releases to the blue-ribbon task force we're not to treat any member of the public different once it is available it is available to

everyone what you have front of the it is not available to the public it operationally is still the attorney/client until the privilege is waved you have a list of material that is come appeal fil pile - and provided that information to the blue-ribbon task force and commissioner mazzucco a couple of questions for the city attorney and the tnt attorney/client we're all clients of the city collective mynt attorney/client we're all clients of the city collective t attorney/client we're all clients of the city collective attorney/client we're all clients of the city collective myattorney/client we're all clients of the city collective myattorney/client we're all clients of the city collective my concern is. >> my second question is as the attorney you get nervous and work or worry about waving the privilege are we waving the privilege down the road for other documentation related to our roles commissioners what we

do in policies and procedures we ask for the city attorney like we saw and ask the city attorney for voids whether on your side of frenence so mime concerned at waving and privilege to get those document and put ours in a position we're waving the projepr privilege for all the communication and document maybe commissioner vice president turman has follow-up on that. >> the question was my question is it a commission wide privilege or individual and so for the materials the table of inspection if so for the commission to waive you received a coffer letter that is addressed specifically to you that requires each individual commissioners toy wave you're the holder the privilege what you have before you the materials that on the table of consents covered are are you

asking for today what materials we will disclosure the future the city attorney's office come piles additional materials the laws change maybe thing that are more important as you may know you were postponed before any time with the commission there may be able additional thing i think are important and excluin that if this is a waiver they existed 0 currently is before you to be waved if a future request we'll have to go to the exercise again to entertain whether or not the commission want to waive aboit but only co i the materials to be waved has to do with with thas nothing to with with the letter that the commission would like to waive that within our discretion to do so. >> commission

so the table of contents what i hear you tell me anything a public documents incorporated indemnity city attorney's packet to the commission is that the city attorney's legal impression work product and formula it. >> the materials before you are coming piled for each commission that reflect when the city attorney building at that time was important with our discretion within our position to the extent it is a work product and very much so we believe that you should know and should be fully aware of as your entering the job. >> i understand it is your work product the question why in the city attorney privilege instead of the commission. >> the work product i put together in pie files once i

turn it over to the client that's you itself its attorney/client privilege of the attorney/client privilege not my wor >> any other questions. >> i'm sorry. i'm in number - what i'm looking at the table of consen contents. >> before the privilege is waved refer to each individual item just berptd or better to ask the question in the abstract what saying excuse me in an a strange way whatever the materials didn't matter for the purpose of the discussion but until the commission waves that privilege. >> that's. >> 411 absolutely n11 absolu

>> 411 absolutely n11 absolua >> i don't if i'll answer our question irrespective there are materials that are publicly available need gathering the information and all the materials are available you can go to the city charter but specifically is to the thought process and the direct look at this body of law or look at this i don't know if that helps. >> that helps. >> actually i'm not an interest. >> commissioner mazzucco. >> if we wave the privilege that the public doesn't see is that a waiver for any further request we wave the tnt and the blue-ribbon want for but we ant

object we file the motion and we've waved the privilege i see in my line of work once the waiver flaws i want more clarification i look at those documents and work with the committee and cooperate and that that this commission has not authority but come piles and sometimes they come down to the region we want the documents regarding this you have to be careful the attorney/client we as the guclients uphold the privilege i want to make sure we have that we discuss with the counsel and the city attorney's office in our if we wave the privilege it becomes law this is my concern if we can't tonight

we should people postpone for other week. >> the only materials you're being asked to waive is the materialsism if there is a question from the commission that asks about any of the items how it applies to the commission are anything like that had will not be discussed within the perimeter of today waving that prim that is operaseparate only specifically for the materials compiled new further in terms of you wave the privilege forever yes, it is available to everyone those materials at that time, are available to whoever asked them their pubically available. >> what i'm saying wave the privilege forever yes, they ask for the documents but come back in weeks from now and saw this

is sensitive can we reinsert the privilege for an unrelated document not before us tonight. >> no, no we will assert the tnt against documents related anything that is not within the four corners of this document we will not- we will assert the tnt and bring it back to the commission if you want to waiver each and every document ever document need to be amongst the commission and the commission will look at whether or not to waive the privilege. >> commissioner wong. >> i don't if you heard you right was there a specific request for the table of for all the materials that the city attorney's office prepared. >> the request for all

materials give him to newly appointed commissioners my understanding no other materials other than overseeing come appealpiled to every commission. >> i guess i have a question for the hypothetical to maybe the representative the imply rib but answer this whether or not there could be a summary the general categories of the materials as opposed to providing specifics concerns as trying to understand the intent the general description we were to address that and say well those are materials related to how you request such and such a general description to the actual context. >> you don't have to wait for public comment that's a question that the commission has. >> may i ask that.

>> did you understand my question. >> whether it would if you submit and summary for newly commissions and generally, the teaches materials that are provided to us. >> our request is aimed and the primary source document we were interested in keying e seeing what is provided to you commissioners we won't object oto our summary like a requester inform summation we currenterta wouldn't object hour our position we prefer to have the exact documents to examine for ourselves. >> we're making more of a mystery this is not. >> that was confusing. >> no info, no i understand ts

publicly assessable document if we tell you those materials are related to you know how the police commission works you can find the document in public record i understand commissioner mazzucco concerns the concern is about generally waiver as opposed to this not a it up secret document i'm wondering a different way to satisfactory what you're looking for. >> i've stated our position with respect to the documents the city attorney has clarified the city attorney's position with respect to the general versus the specific waiver but i will say that we are concerned about the assertion the tnt over the compilation of documents we also have a hearing before the sunshine ordinance task force

secondl schedule within the rules that we would have to pursue the event that the documents were not disclosed here to the extent we can reach a resolution on that tonight be appreciative of that. >> but i do think this is a simple matter of disclose or not disclosing a table of consenten >> sxhaucommissioner turman f of all, your concern over us what is that concern. >> we're reviewing we received to shoppers task force letter that outlined the city attorney and the commission response to our compliment that letter said that the reign that the attorney/client was proper is because the stha as come appealed city attorney has -

we're determining whether it is proper may have concerns about the privilege we'll bring to the task force. >> but what i'm concerned is that i don't want to make that more than what it is either but the as a matter of fact i've been an attorney since 1992 one of the duties as an attorney to protect the privilege of the attorney/client and i'm concerned that prousz this material first of all, as compiled didn't give you a sense of what you're looking for it may appear or emphasis that something that i don't know that is necessarily true and i also believe that the communications that i had with the it don't

make any difference city attorney's office was an intendi attorney/client communication i'm not comfortable waving that i'm comfortable with you pubically assessable documents but the ways their conformed and put together talk they talk a self-ma skated duty and trust between myself and i have a problem with the sunshine ordinance but i'm not confront i don't want to make this more than what it is but this is all those documents i don't want to give you - you to be mislead by just the documents as to how i was trained or what i believe of my duties to be i don't think that helps our cause.

>> i think you get much more out of talking to us as the commission we don't have reference what went on between us and the city attorney just my thoughts of. >> do you wanted to respond. >> thank you commissioner vice president turman i don't want to make a mountain out of a molehill but we have really appreciated seeing the source document that commissioner president loftus has permitted pursuit as us and rachel has been combrashs in helping us putting in context we spoken to each of you and would be more happy to revisit our understanding of the tomentsz if we can see them so that's role i appreciate your consideration of the issue and thank you for your time. >> thank you. >> commissioner melara.

>> yes. again making - >> if you - and feel like we're making is a bigger deal you have missing documents and you can - she don't oh, okay. >> didn't have the anything's document oh, in that case the issue you can ask for specific documents our interested in local governme looking at rather than us providing you with these documents and was because you have an idea what your looking for i have a feeling in talking to you guys i understood what you're trying to do so i i'm confused why this is such a big deal. >> and again, i'm concerned about my the issue of the my

giving up any privilege in this case. >> certainly respect commissioner melara we did specifically request the documents that we're trying to found we're requested the materials to the commission all we're trying to learn here is what you learn when you join this role the kinds of roles you're presented with how you understand your role and responsibility and it really is that simple and so this was our intent in requesting oversee documents teemed e keep these in mind this was part avenue broader list of request you've been gracious in providing in our minds one small piece of that larger puzzle. >> commissioner dejesus. >> so i guess my concern the city attorney advise the commissioners including in terms

of asking oanswering our questions we might have and all that part and parcel of those things so it is an attorney/client i i'm sorry i was late i have a couple of questions i don't know why you need those and as part of that, of course, our conversations are part ever that so you know why you need it exactly when i interviewed us we told you what we think our role is and our responsibility and some of tus might have explained to us we've given you that and i have concern concerns about the authority asking for the attorney/client privilege materials and that's concerning we want it does fit well and especially knowing the

roles of each individual commission. >> sure commissioner dejesus we didn't request any materials abused the attorney/client privilege we requested all materials provided to new postponed commissioners now the response we received from sergeant killis haw you, we fild a climate what the sunshine ordinance and a letter we'll be filing overseeing complaints we wonder about the basis. to assertion i suppose it can, said we were surprised because the commission is a public body it is meeting the public and opportunity for public comment the all the materials provided to newly appoint commissioners will be privileged it sounds like from our discussion take

our pubically order documents it is stranger there was a attorney/client privilege being asserted so for that reason we filed the complaint and at that point we received the letter back indicated indeed those are the - privileged in terms of our conversation with the city attorney when you joined the commission it is not what we requested we requested the material provided to us so the documents provide to you we're not seek any advice about other matters or your individual capacity we're seeking the information your given in our binder has a appears with you join the commission >> but i guess it is like it goes back to the authority your requesting something asked you to sit on the commission go not any different from any other

community group we want to see what the city attorney provided you when how came on board i don't understand what makes it commission to be asking asking these types of commission august has nothing to do with with the blue-ribbon and the sunshine ordinance laws in the city of san francisco that permits the interested sentences to petition the body for documents we're preceding under the laws of the city this is a the authority under w which we sought those documents we don't contend nothing we don't any intending should be overcome by our assertion we requested those documents and grateful. >> you are missing my point you

say we understand the vehicle i understand that but i want to get back to the authority of we as the authority of commission i've not heard an answer. >> an authority from the blue-ribbon comes from the laws that permits the city attorney to have a passive meeting body that body advise the district attorney that's our role we have been created to be independent of the district attorney and we're all law firms and work pro bono hours to do that so that's what we are again my authority for requesting the documents has nothing to do with with the meeting the body rules. >> so city attorney you want to say something. >> we're treating this as a public records request and make in difference to the querequest

not allowed ato show you who is asking for the information. >> i'm sorry with only question just one question i hear what you're assessing the issue that you all had was we're the client we declined to turnover the blind at the advise of the city attorney that was attorney/client privileges it sounds like your question with the city attorney advising us that the attorney/client privilege that is the issue you have we're skep over a step to resolve it in deciding whether in body wanted to waive the attorney/client prim but the issue you have is actually with the city attorney's office; is that correct. >> we were preceding why un y

yes what our proposing mutes that on or about we'll certainly presenter the consideration. >> i got did. >> the northern lawyer in me as figured out it auto. >> tell the rest of the lawyers. >> i am something you, you can't have it. >> i want to make sure this is a request that came to the commission one that department and the commission has an obligation to collect all the responsive documents now the question was asked is this material the attorney/client and the answer is yes, it is okay. so the holder the privilege is the commission. >> i got it so my questions on my kids i'm assuming that was done for a reason; right? an attorney/client privilege that tested that.

>> well, i don't know if that's a good assumes necessarily. >> i don't know but just a non-lawyer again, i'm assuming that was put in there for some reason and you're asking us to do that to undo that i'm moral confused than ever why we should do this. >> what i'm asking you to do to really consider the value of the withholding the information you have in front of you and weigh that against you are request to understand what it is that you do and learn about our role as commission when you join the commission we think as representatives the blue rainbow panel and members of the public. >> that part i see that part i see that part. >> the value nice words. >> nice words but i'm assume that was put in there for a

reason and without me knowing why it is. >> that is raised in my mind. >> privilege is not applied by someone and according to the city attorney to arises in this instance because of the nature the activities not that someone made an actual decision to apply the privilege the city attorney is suggesting that it applies here due to the fact you come pile the document put thought process into the documents you compiled. >> that answers my questions. >> so colleagues the question how do we want to handle this like when you don't think of american people ice cream sunday you immediately think of one we've created a tremendous amount of interest what is in the blinders and in an era of transparent i think that the

spirit of the intent of the blue rainbow to hopefully to provide recommendations and a lot of smart lawyers i've always viewed this is as this will be conducive and help us do a better job this is the spirit in which we've provided documents that our staff as made ourselves available ultimately the question is down to the alllaw we want to handle this unfortunately, one the challenges i've read is in a statutory privilege not new issues but important we have this discussion and whether the commission want to wave the ability we could a we can choose to wekeep and assert the privile and if we do choose to insert the privilege not to dealer a summary of what is the materials

and obviously you have your rights and responsibility as a citizen sea that could demonstrate we do want to coopera coordinate and be as transparency but i'll leave it up to the group to bring a motion if we're ready for that. >> commissioner dejesus. >> i certainly appointment the panel to a lot of documents i'm wondering if some sort of compromise to reach. >> public documents really he last week the idea i'm sorry i like the idea of providing a summary and of the documents and possible you know if it operationally is assemble you can get an idea where to find the documents that would satisfy

our needs and your needs. >> well, we can't speak to what satisfies her needs over and over is whether you rainbow panel i understand what you're saying potentially would be resolution for the immediate time and again, we, provide a summary of what is in under and if this is still unsatisfactory maybe agendize this for a future negro have a briefly from the city attorney on essential any of the issues that can be plummeted thoroughly colleagues is that the direction are anyone bring a motion to waive the motion. >> commissioner dejesus. >> what a summary violate the attorney/client. >> any individual commission thought of the president tossed take on come piling a summary (laughter)

purs then will be appropriate or staff. >> the commission oh, boy (laughter) i - >> coke colleagues what's on the table if not a motion to waive the privilege than any recommendation to that we work with the commission staff to provide a summary that is fully taint about the documents given to us and hopefully see the resolve and give the panel what they need. >> that's a good first start. >> thank you. >> and thank you so much for being here we know you came last week and didn't know we'd inquiry of you but appreciate you're helping us to go e get through that. >> thank you you'all fewer see appreciate it. >> nobody brought a motion.

>> do we need a motion for a summary. >> that would be helpful a motion for a summary. >> i'll move we have commission staff provide a summary to the attorney and if it if violate attorney/client we'll have the summary. >> is there a second. >> he sktdz we need a roll call vote for that. >> i think i need to call public comment. >> any public comment? hearing public comment is closed. >> all in favor, say i. >> i. >> opposed? okay. so majority it passes. >> okay. thank you everyone. >> sergeant, next item. >> item 6 public comment on all matters pertaining to closed session including the vote to whether to hold item 8 in closed

session. >> any public comment on these matte matters. >> when will you release those documents the audio and the notes from the closed session. >> so this is a public comment not a q and a pairperiods. >> i definitexoovl understand another question so have you ever releases any closed session meetings other side or notes? >> again i'm sorry we're governed by rules. >> i read the rules our allowed to respond. >> i am allowed to. >> i'm asking have you ever releases any closed session audio or notes. >> okay.

>> so 15, 20 years of goals stuck in closed session you've never released it. >> ever disclosed. >> ever releases anything in closed session like 20 years, thirty years are, 50 are 60 years or one hundred years ago have you ever releases anything. >> i don't know. >> you don't know okay. >> so it's almost like you doing is that going into a black hole we never know. >> okay. >> is there any additional public comment? >> on this matter hearing public comment is closed. sergeant, next line item. >> item 7 vote on whether or not to hold item 8 in closed session the administerrative code actio

>> do i have a motion or seconded. >> go. everyone. >> we're going back if open session item 9 to vote to elect to discuss any or all items if closed session action. >> colleagues do you have a motion not to disclose the items in closed session. >> second >> all in favor, say i. >> i. >> opposed? that item passes southeast item 10 adjournment action item. >> colleagues a motion to adjourn. >> all in favor, say i. >> i. >> opposed? that item passes we're adjourned everyone.

>> cedillo >> leaving welcome to the february 17, 2016 of the san francisco board of appeals. the presiding officer is board president gerald honda and he joined tonight by her vice president frank fung, commissioner lazarus swig and bobby wilson did to my left is deputy city attorney thomas a when dividing the board with needed legal advice tonight.. at the controls is gary pantera. he's the board legal assistant and him cynthia goldstein the board's executive director. were also joined by representatives from the city

departments that of cases before the board this evening good with san francisco public works bureau of streets and mapping. we are also at the table is senior building inspector representing the department of building inspection and building and this writer scott sanchez also are present in the planning department and planning commission. the board was to turn off or silence all phones or other electronic devices so will not disturb the proceedings. the board schools of presentation are as follows. appellants and department respondents are each given 7 min. to present their case and 3 min. for rebuttal. people affiliated with these parties must conclude that comets within the seven or 3 min. period. member of the public not affiliate with the parties up to 3 min. each to address the board and no rebuttal. please speak into the end of the microphone. to assist the board in the accurate operation of minutes grass but not required to submit a speaker card or business card to boards

that when you come up to speed. speaker cards are available on the left side of the podium. the board welcomes your comments and suggestions. there are customer satisfaction surveys on the podium. if you have questions about requesting a hearing what tools or hearing schedule please speak about staff during a break or after the meeting or visit the board office. we are located at 1650 mission st. and suite 304. this meeting is broadcast live on speed tv cable channel 78 and as we broadcast on fridays at 4 pm on channel 26 dvds of this meeting are available for purchase from sfgtv. now, we will swear in or from all those intended to testify. please note a member of the public may speak without taking it out pursuant to the rights under the sunshine ordinance. if you intend to testify at any tonight hearing and wish that the board give your testimony evidentiary weight, please stand, raise your right hand and say i do after you've been sworn in or firms. please stand out if you plan to testify. raise your right hand. do you

solemnly swear or affirm that the testimony you're about to give will be the truth, the whole truth and nothing but the truth? thank you. pres. honda and commissioners, is one housekeeping item. this has to do with item number five appeal number 15 201. this is for suspension request at 6 39th ave. the parties have requested a rescheduling to march 15, 2016. this is to allow time for the appellants to obtain legal counsel. so, if the board is inclined to do that will need a motion. >> any public comment on this motion? seeing none,, we have a motion to move this item to march 16. on that motion of commissioner fung aye, pres. honda i'm a aye commissioner wilson aye, swig aye. that

motion carries 5-0. thank you. moving back to item number one in all public comments. this an opportunity for everyone here would like to address the board on a matter that's within the board subject matter jurisdiction but is not on tonight's agenda. is there any general public comment? seeing none, will move to item 2, which is commissioner comments and questions. anything from the commissioners tonight? item 3 is the board consideration and possible adoption of the february 10, 2016 minutes. >> any additions or changes to the minutes? can have a motion? >> motion. >> we have a motion to adopt the minutes. any public comment on the minutes? seeing none, no public comment to adopt fung aye, lazarus, aye, honda, aye

wilson aye. that motion carries five-second item deal item number four is appeal number 16 001. arjun singh doing business as spice affairs versus san francisco public works bureau of street and updated at 214 battery st. 46 geary st. and 99 posted appealing the denial by december 29, 2015 of them will for food facility permit. denial permit application because all three locations on close proximity to existing restaurant. in addition parking a truck in those areas for long durations will contribute to more traffic congestion. this is permit application number 13 0004 and we will start with the appellant. thank you, you have 7 min. to present your case to the board. >> first, i would like to about the three different occasions. the first

>> overhead, please. >> if you could speak a little more directly into the microphone that would be helpful. the data >> i put a diagram for 214 battery st. the only two restaurants on battery street in a three block space and only two restaurants would be the [inaudible] and on battery street, three blocks there are no restaurants doing business. also in the three block radius is no indian restaurant in the area. battery street being a one-way street is most of traffic leaving san francisco so it doesn't have any congestion in the mornings. i sent out a public notification to all vendors within the radius and they did not write any objections to the permit.

the second one would be 99 post should i understand this is close to the [inaudible] but i like to propose 6 pm-11 pm of operation at this time all the restaurants are not doing business at that time. post rate is also a one-way street. in the morning we would do business. there will not be any traffic in that area. at 46 geary st. in the to box him operating street there's only two restaurants. [inaudible]. fall into the radius and the other restaurants to not have objections. there is also no

indian restaurant. the width of the sidewalk is 10 feet. and it's more than allowed for a traffic congestion. our food truck is a most 22 feet. if it's in one parking meter. so we mostly ask dpw at requires two locations to part the food truck but we actually minimize the truck that's very small, 20 2p.22 feet. regarding the public hearing the decision was made in favor. we would also like to reduce the operation from 10-3 pm. that's five hours a day to avoid traffic congestion. to accommodate dpw's request for not operating for long hours of the day. these hours will be ideal as were coming and going from work.

for all other notifications is good feedback and they would like to have a restaurant in the area. there's not a lot of options for indian food in the air. all the people in the area do not have an option for a quick lunch. so that might have something that's quick and easy to access and the food truck would be ideal for that. san francisco is a great city of restaurants for the best location being in downtown san francisco. this took us a long time. even though the planning permit approved in march 2013, but it took us 2.5 years to apply for the until it was

denied. the reason it went back and forth so many times in this 1.5 years is that we want to make sure the dpw guidelines are followed and making sure we provide it to talk with is no congestion in the area. as for the notifications as of dpw requires notifications to all businesses and the radius to see if there's any objections related to this location. consider the 75 feet radius only one restaurant in the two locations. there's not a lot of restaurants on the same street. and having a wide sidewalk and no indian food in the area, we would like to respectfully request the board to make a decision on our behalf. as of dpw also does not how far the

restaurants need to be for us to qualify or not qualified to the to location should so we are assuming as long as it's not in that 45 feet radius and the 75 feet radius restaurant the same kind of food, we are okay but we still try to keep our food truck away from a lot of big restaurants. just on the two locations were no restaurants and one of the things dpw said, we were operating for long hours. so we would like to minimize those hours to 25 hours -25 hours a day. a limited traffic condition and at that time not a lot of people are leaving and coming into san francisco.that

should be adhered >> i've a question, subject are you currently operating any mobile facilities at this time? >> no, i'm not >> would you personally be running these operations? >> yes, i am. >> thank you. >> we can hear from the department now. >> good evening, commission. public works. just to speak in regard to 13 appeal 16 001. the applicant first applied for this permit under 13 mf 004 in february 13 23rd. in regards to the plans this being a 2.5 year long process, it has taken a long. however it should be noted several other locations were originally on the applications and because several of those locations did not meet code requirements, there were several iterations and revisions and subsequently, the current location which are on this appeal today were

applied for in march of 2015. after confirming that these three locations listed met the general location requirements set forth in article 5.8 of the public works code, they decided to move forward with the required notification in the 2015. after notice there were quite a few objections. i believe five, total but a few objections included livered communities as well as the business improvement district, which is several different players involved. those objections were received and therefore public hearing was set for august 5 in 2015. so, per code, the director of public works is allowed to assign a designee to conduct the hearing and after the hearing officer conducted the hearing and all information was provided to the barman of public works the bureau manager as well as the city engineer the city engineer subsequently

denied all three locations as all three locations are in close proximity to existing restaurants and in addition parking a truck in these areas are these long durations, which is virtually any them-12 am will contribute to more traffic congestion. the reclamation from the city engineer was also given to apply for locations and other underserved areas with less restaurants. so, just under the basis of this. part 4e of public works code was that the guidelines graduate regulations robbery mobile phone facilities and public right away. it allows the director and his or his designee to review all pertinent information. run the application and the validity of the mobile food facility following the hearing. therefore, the city engineer is allowed to review this and the basis for the denial is as follows. the board of supervisors ordinance 11913 regarding mobile food facility permitting and the right-of-way was created to provide and

expand the range of convenient and interesting food consumption opportunities for mobile food facilities and underserved less congested areas of the city. at different times of the day and evening. so, take a look at these locations, all three of those locations are exclusive to the downtown area and n. of market st. very close or in the square business improvement district and union square area. there were plants made by the phone stating the number of restaurants within close proximity is approximately 2-3. however, this is incorrect. if you book within exhibits b1, b2, mp3, you can see that leave at least 10 restaurants at each location within the 2-3 block radius from the proposed locations. additional, public works encourages food trucks to operate in standard vehicle parking spaces following that same ordinance 119 additional, public works encourages food trucks to operate in standard vehicle parking spaces following that same ordinance 11913. i quote, the city must exercise care and public safety

in addressing appropriate locations for food facilities to discourage unloading and top of zones for spaces for regular service. and existing businesses and the board of parking associated with dad to vehicular congestion for off street parking that's more special when occupied by these facilities. the public works has allowed foods to operate in yellow zones. we've done that so on a case-by-case pasted with a condition that all mobile food facilities shall abide all parking restrictions and controls. if you take a look at these particular box you will notice that on percent of the parking on this box is commercial and yellow loading. with the exception of one on jury, i believe, was a handicap space. they do fall within relatively extended period of time is the original request was between 8 am-12 am. in

addition to that, several of these existing businesses and restaurants during this time are open during the requested times, which does not follow ordinance 11913, which request we provide options at different times of the day and evening. just one last point i want to address. it was mentioned there are no very many similar food options in the area. i want to make it clear that that is no longer similar foods and like foods is no longer part of the ordinance so that should not take precedence in your decision-making. i'm available for any further questions you have. >> mr. shaw, i think that was the question i was going to ask. the type of foods. the other question would have been a proposed time change by the appellant, would that have affected the hearing officer's decision? >> it likely would have. i can

speak for the hearing officer but i assume it would have. i believe many of the complaints received during the hearing with that the operation was occurring during many of these business hours. many of these businesses is going off of google are open between 10 am-6 pm in the fall directly within their timeframe. >> procedurally, how would that work in terms of actions by this board? does he have to reapply with a different timeframe? >> he would have to reapply good i believe, so once you go after 6 pm you do have to do a large notification that there are additional requirements. i believe it's not only a ground-floor tenants anymore. becomes anybody that an horror stories as well. however, i do believe he did apply until 12 am so i don't think an additional notice would be required in this case. >> after 8 pm additional notice is required but he did

apply for after 8 pm. >> my question on the permit holders i notice that although he has the rotunda neiman marcus café is not in this listed on there at all. >> i'm sorry, on >> on gary street. >> i'm sorry. >> neiman marcus has a restaurant on the ground floor as well. besides the rotunda. >> okay. okay. >> so, what we look for in terms of following article 5.8, is that the location has to be a minimum of 75 feet from the primary entrance. so, if that enters his within neiman marcus that's probably why it was not accounted for. did okay, the tango. >> i have a question. i'm very familiar with those three streets. i been stuck in traffic probably five times this week.

gary street close up, third street by my conduit to union square. the primary conduit to the bay bridge. battery street, primary conduit for the bay bridge onto first street and entry and access to the financial district. where does dpw way in on this request i mean, these are primary-these are secondary street. these are primary conduits which are called regardless of whether there's something part of their or not. >> unfortunately, we are not as qualified to review the traffic and congestion >> i meant to say the department of parking and traffic. we did okay. >> where does that fit in? >> it is a violation in terms

of parking department of public parking and traffic they would have to come in and provide the proper enforcement in terms of ticketing requiring them to move. >> without feedback with regard to traffic? who does the traffic studies in general? you brought up the fact that or it's brought up in the brief, that there is an issue with the parking, truck needing to make a delivery, one more truck sitting for a long period of time.. creating one less yellow zone short-term parking space. that creates a double parked. it screws up traffic even more. who handles the measurement and the study of congestion and measures whether it's viable that anything is there? >> is after the municipal transportation and agency. empty. they have a qualified

traffic engineers and they would be the ones that produce traffic studies. from what i understand traffic studies are usually produced only after request made from the public and they do have to pay fees to get that traffic study. in this case, conducting traffic study is not required part of our application. it's really more of a judgment call in this case and a case-by-case basis in terms of the traffic and congestion in certain areas. >> but therefore going back to dpw, again, gary street, a major east-west entry into unit square, correct? >> correct >> post street, the most the major west-east exit from union square. there is no other one. and battery, again, the major north-south entry across market to babies. so, is that which you call a judgment call when

you identified the three major conduits and food truck parked there might cause congestion? >> in this case, yes. that as well as the amount of businesses within the area as well as the dedicated parking on each of these blocks. >> thanks. >> thank you. >> we can take public comment no. may i see a show of hands only people plan to speak under this item? first person please step forward. if the others are willing please them on the far side of the room against that wall were moving through things go. lover wants to speak first, please fit for. if you haven't already filled out a speaker card, please come forward. if you do so before you come up to speak and give it to the stricken taro, that would be helpful. >> just one concern, 46 geary good for the greystone hotel,

we are at 66 gary and a year ago this is a good thing, we are the called moving but they really worked with the sound. if you bring a truck in skimpy lesson 23 paces away from it i measured it. it's a residential hotel. it's very close to it like i said it were at 46 geary st. and we have to have our windows open. we do have to have our windows open. that's pretty much what i want to say, but i have to say something. did he say's going to c cut back to the later hours? >> i said i believe he said earlier. >> that's what i was thinking.

[inaudible]. late-night is what were trying to having the problem with because it's right in front of call. people are getting out to eat late at night. that's pretty much what i have to say. >> thank you very much. >> please statement for the record >> your know so. >> next speaker, please. >>i don't know how much time i get to 3 min., mining his family ross island san francisco cards concession. i been doing mobile food in the city for 41 years. this the first permit i've ever posted it. i'm not posted because mr. singh. he's a fine again i have a problem with the way that

permits have been granted in yellow zones and i like to educate the board as to what the problems are with these yellow zone. if we were here tonight because the dpw had put a food truck in a blue zone, everybody would say how can you do that. that is specifically for handicap access for disabled access. if the dpw came back and said well we give the permit. that to mta to write the ticket that would seem a little odd. it's not any different for yellow zones. yellow zones are the blue zones and white zones are actually defined by state. i talked to a traffic engineer and other code section. while news about these can say what hours of those zones can operate, they can't change the nature of those zones. so, these conversations were debated rather extensively, and the dpw's own regulation says that two trucks food trucks, it says

>> overhead, please >> is of the mmf shall comply with all curbs on regulations. the mmf shall comply with all existing curb zones is approved by sf mta. and mta regulations 913 b2 says a mobile food the silly permit does not exempt it from times and the time limit is 30 min. there's nobody in the city that's allowed to park in a yellow zone for more than 30 min. and you get a ticket for either pc 33.3 what tc-38 pc 33.3 what tc-30 8b for overtime parking in a yellow zone. there are times yellow zones are not in effect like 99 post rate after 6 pm. in on weekends. i would've no problem with mr. singh being there. but during 7 am-6 pm, that is a metered yellow zone, which means -you can see it here. it is no

stopping from 7 am-6 pm. so, that means that any trucks that parking that yellow zone from 7 am-6 pm can only be there for 30 min.-6 pm. so, that means that any trucks that parking that yellow zone from 7 am-6 pm can only be there for 30 min if there's a meter they have to feed the meter and if there's no meter they still have to be there for 30 min. so, what happened was that the dpw-can i have more time >> you can finish your last thought >> the dpw went and met with the mta and the mta considered for alternatives. you can see that the one i highlighted in yellow was one alternative was to allow two part for extended next in yellow zones and they rejected that. specifically, the language says, allowing trucks to asked park in yellow

zones was contrary to the intent of yellow zones provide learning opportunities for merchants. having a food trucks occupied a yellow zone for extended permit- >> thank you very much. >> next speaker, please. >> hi my name is claude him but with the union square business improvement district my position as director of streets and tj initiatives from here on data might director karen flood. we are in support of dpw's denial of this application for 46 geary st. for the reasons that we provided to you via a letter with supplemental pictures. on february 11. there are three main points that we have with this particular permit the

delete permitting in union square. first of all, permitting in units where it contradicts the legislative intent. the legislative intent. i don't know if this is going to show. let me just briefly read that under supervisor wiener's amendment, it was very clear in the finding this legislation attempts to provide and expand the range of convenience and interesting food consumption opportunities for mss in underserved and less congested areas of the city at different times of the day. it also goes on to say the city is i think dpw mentioned must exercise care and consider public safety in appropriate locations for msf. that includes limited on street parking discouraging unloading and top of zones and avoiding double parking. so, we want to be clear the union square. the motor 27 block area, which has a budget of $3.3 million to

keep union square clean and safe and attractive for visitors and make it world-class, does not oppose mobile food trucks in that district in fact, now working with some vendors are putting them in bayview lane and kempton on a pilot basis. however, we feel the legislative intent of the permitting for mfs to serve what we call food deserts. areas not served by food establishments in other parts of visited fort mason being an example. secondly, issues of pedestrian congestion and safety. if i can have the overhead. this is the front of 46 ci street. high-end retail call paul smith. this is a side view and you have this information in your pocket. this is an example right here of a truck, excuse me, a

vehicle that's blocking 46 geary. you can see how it would obstruct the sidewalk. here is an example of a food truck that was allowed beyond the street and you can see the pedestrians cuing up blocking the sidewalk. that's exactly what we're trying to avoid. it's congestion on erie street and other important ordinance that's not making it a pedestrian orientated district. thirdly, it was mentioned yellow zones. i know they need to reiterate yellow zones were not intended for that and lastly who trucks block sightlines not only for the safety of the merchants but of the visitors as well as you probably read in the news ferragamo was robbed and food trucks would certainly have blocked the sidelines and visibility of that angle. thank you for your time. >> next speaker, please. >> any questions?

>> good evening, everyone. my name is is-. i work in financial district for company names aircraft management. i'm supporting by surveyors. i been working there for two years office trouble having by food i like in that area i love any into. it's part of my culture and it be nice to have indian food around that area. there's less often. indian food in that area, there are a few but there are like a long wait. it's hard for us to manage time to get there, by food and come back. so there's more options for us it would be less crowded and get back to work as soon as possible. so, i'm supporting

446 geary st. i would like him to have that around that area. thank you so much. >> thank you. >> next speaker, please. >> hi, everyone. my name is-i would like to speak in favor of the food truck proposed by arjun singh. i love indian food and there are not many food truck options to carry indian food. they tend to of really got. i'm in favor of 214 battery st. location. which is near my work. it be great if i can have that option where i work. thank you so much. >> thank you. >> any of the public comment on this item? seeing none,, mr. cingular 3 min. of rebuttal. >> one thing i'm going to say on geary street the [inaudible]

to the end of the street five bucks on the same street going up and down. also, i see a lot of food trucks in the city close to a lot of restaurant. working out and find these locations the only thing we had in mind is that there's no restaurants in that area. if you look at all the--this is actually going to be the food truck it. it's on the same street and most of the restaurants are like one block away on the other side of the block of the food. same goes for exhibit b to. this is the food truck here. most of the restaurants would be-two blocks away or one block away. it's very hard for us. we have

placed the restaurants are not that close by. also, i have a photograph. it's a very narrow street but every time people come to geary street, is a food truck which it covered more than 2.5 parking meters. our food truck is covering only one parking me. if you enter the street from market street you can see on the right-hand side assigned that's opting out of the business. coming from the other side you can see vehicles

the weight spark between two businesses with the parking meter is loki. you can clearly see the business is displaying walk him down that street. the only reason for us to also having yellow zone is that, on that street video zones go all the way down. so are willing to follow all the rules and regulations for the permit. >> thank you. are you finished. i have a question. as the department has stated, the loading zones are 30 min. how are you planning to comply with your food truck been there for 30 min. only? >> will be parking further minutes rotating and then will come back and parked another 30 min. >> thank you. >> mr. shaw's. >> public works. just to reiterate a couple points, one, as i mentioned before the as i

said, the resident is no longer within our requirements or basis for approving or denying. in addition, the main basis for this denial was on the board of supervisors ordinance 11913 which states we should strive to locate areas less congested and underserved areas as well as discourage infringement on loading and drop zones. it can seem these are relatively congested and well served areas and it can be seen that these are 100% dedicated to loading zones for businesses. >> thank you. >> okay commissioners the matter is up to you. >> i'm in agreement those areas are highly congested. sorry, i can't support the deal on that basis. >> i just don't see how it works. >> i concur.

>> would anyone like to make a motion? >> move to deny the appeal on the basis the department's findings are accurate. >> we have a motion by the vice president to deny the appeal and uphold the denial of the appellant that the department's findings are accurate. on a motion, commissioner lazarus aye, honda, skype wilson aye swig aye. the motion carried 5-0 and the denial of the permit is upheld. item number five has been continued to march 16. so we will call item number six appeal number 15-202. maria douglas versus department of building inspection with planning department approval

for a property at 445 amazon ave. but when the issuance on december 15, 2015 to paul sam when alteration permits the motion of the legal pigeon on first floor the motion of the legal two-bedrooms and convert to storage. we will start with the appellant, accounts representative. >> good evening, members. my name is ryan murphy. i represent-an attorney representing the tenant at 45 amazon ave. >> can i have a second. >> thank you for your patience.

>> sorry for the delay. >> no problem.

>>i appreciate your patience. thank you. please proceed >> as i stated earlier, i am the pro bono attorney for one of the tenants, or the tenants, maria dallas. she lives at 445 amazon with her daughter and husband. they've lived there for 10 years. last year, the permit holder purchase the property and has been attempting to evict her. he's

attempted to do it indirectly by cutting off the gas and oil and electricity. denying access to the garage. as reporting of a door to the garage and that matters because that's how she gets her mail. she issued a unlawful detainer action. that's kind of when i stepped in to the bar association of san francisco. the court, basically, shot down that action and they withdrew their case. so, this is their third attempt to evict or using the permit process. they have applied to demolish the downstairs unit, and we are arguing that the permit is defective. mostly because the application was

misleading. in the permit application was misleading, it was sort of filed in bad faith on the one hand. it was also misleading and sort of more technical way. on the one hand the permit doesn't say that anyone lives in the unit. it just is demolish, take out a kitchen and turned bedrooms into storage but this is some of these home. so, in a sense that was done in bad faith. even by the rules, the city planning codes the permit is defective because the csc company issued without other work being performed. that other work will require a permit could not speak about that right now. pat bosco bitch

was a structural engineer did an inspection of the unit. he's going to talk about that. but i like the board, i would like to ask the board and the department of building inspection to really pay attention to the permit holder because he is a serial developer. he flips homes . i don't know what his history is evicting other tenants. i know that he is had a lot of shady dealings with other individuals. there is one here today and he'll talk about that. i looked online recently

-overhead, please. >> these are properties he's purchased in the past couple years and then sold. none of these properties, for none of these properties were permits applied for or issued. in a lot of these properties it was quite a bit of money those made off of it. so, my statement is that the permit holder is basically circumventing or ignoring the process by which you change units. apply for permits. the only reason he's applying for a permit in this case is because he wants to evict a tenant and he hasn't been able to do so by other means. >> thank you. commissioner pat bosco misprint there to

problems with a stronger flaw number one the rules have changed the new rules required notice given by planning on any unit removal. those rules apply since his board. the second issue is, is permit requires the csc. these are the rules for removal of the units in the csc's is required. downstairs is a full bath. there is no permits for that full bath. you can't come into an apartment and say, i'm going to remove-that is the kitchen. i'm going to remove the stove and the sink and believe all the cabinets there. none of them built with a permits. i'm not going to touch the bathroom because maybe i'm going to put the unit back in. when you remove the unit and you get a csc, you have to remove everything. you either remove

it or legalize it. you also don't get to come in without a permit and take out all the wood windows and install vinyl windows on historic building. so, the permit, if they're going to move this unit after planning their process, you don't get to pick and choose what you want to keep so you can put it in later. if you comply with all the requirements of the code. you have to make sure the plumbing is right in the bathroom. the electrical is right and this permits selectively took out certain items so that they could be easily be put back. i think it is pretty straightforward. i've another minute of time, but i just be repeating myself. i just assume how this than those are common that they're entitled to, which i want to thank this commission for asking for it get this commission had a lot to do with getting tenants notice before their units were moved. thank you. >> quick question. would you mean removing soda can be put back? >> well if you have a legal

unit and you come in and say him to pull a permit to remove the stove, but everything else in that unit including the bedroom was built in an old garage, you selectively can't come in and just remove certain elements that are legal. the film legalize everything or remove it, and the reason is, because of unit removals you get a certificate of final completion. >> that's what i get. i'm talking about the windows. >> the project-the owner of the building took out all the wood windows and put in vinyl windows about nine months ago. the windows he took out were bedroom windows that required double hung windows to meet the egress requirements. now they put in vinyl windows that don't work for egress. >> okay, thank you. >> thank you. >> i have a question for counsel. you showed a map of

other properties owned by the permit holder that were purchased or whatever. were there innovations in any of these parties? >> i don't know the answer that >> you said there were no other permits at those parties? >> let me be clear. no permits issued for the properties-i will put this back up. there were no permits issued during the period for which, in which, the current permit holder owned of those properties. so we purchase them and sold them and the were no permits during that period. >> thank you. >> we can hear from the permit holder now. >> good evening, ladies and

gentlemen. minus andre sanchez appeared for permit holder paul sam. thank you for hearing this this evening. first, we are going to this appeal be denied on the grounds the appellant has failed to carry her burden. in her brief, she cites to grounds for denial of the permit. then, one additional essentially an appeal to go outside the law as far as this permit is concerned. you can actually tell it permit holders presentation at restart would appeal to outside the law. essentially saying this permit should be revoked because if it's possible to legalize the unit permit holder should be forced to do so. that's contrary to the law. the city has made its policy clear that, in fact such activity is voluntary. that is actually been reformed lately in this zoning district that is only a voluntary provision. mr. sam actually bought this property

for use as primary residence. in the brief we submitted we actually included a partially redacted copy of this purchase agreement. if you don't mind i like to put it up on the screen, please. it's in the breeze, but it specifies that in paragraph 5, he intends to occupy the property as primary residence and that is to be delivered vacant. mr. sam did not begin the tenancy with these folks. he cannot allow that to occupy the property. we purchased the property was unaware of their residency. immediately after purchasing the property we found out someone was living there he took the appropriate action, which was bring suit against the former property owner. the

appellant put herself into that action provided discovery indicating she was a tenant. at that point mr. sam voluntarily discontinued the eviction action. despite what you are told, the court shot nothing down. we actually provided a copy of our dismissal along with our brief. here, the goal of permit holder is restore the property back to its legal use. so the first argument they made about the permit was it's misleading because it didn't say this could be a change in occupancy. that's not correct. the rule is, you are supposed to specify what it's legal occupancy is. that's exactly what is done in the permit. so they're not that get anywhere with that argument. the brief they indicate the permit issued a certificate of final completion cannot be issued on a permits. that is also incorrect because simply restoring it back to legal use did not require the issuance of a certificate of final completion. i would also like

to point out that for the permit was applied for not only was the appellant notified. her attorney was also notified that mr. sam was going to be applying for permit for demolition. this pre-notification was intended to satisfy any due process concerns and, in fact, lead to exactly what we are having here. she was made aware of the permits. then she had opportunity to appeal the permits to this board today. so, there argued that it was a father to brighter notice of this frankly, is moved. she filed her appeal. she had proper notice. so the permit is valid as five as far as that fact. i would like to briefly respond to a couple of things that were brought up in the presentation you just heard good and in the brief. since

appellant cannot argue the law they're attempting to attack the person, mr. sam. frankly, mr. sam real estate history is not at issue here and frankly was not in their brief. this is new information mr. murphy is provided i do not believe he was sworn in so therefore anything he says cannot be considered evidence including his demonstration of properties owned by mr. sam could likely have not had chance to review. i don't know if that's accurate or not. i would suggest the board would be justified in disregarding that portion of it. also, he brought out more allegations about bad faith. i think he said serial developer flipping homes. these are all potentially pejorative terms that are intended to distract the board from focusing on the law. instead, to attempt to

engender bad feelings towards the permit holder. frankly, the permit holder is an upstanding member of the committee. he purchased his own in good faith as primary residence. he was fairly shocked to find your people living downstairs. i believe this is also the floor with the water heater is in the garage. by ligaments not safer there to people residing downstairs. he is not able to move into his own because he doesn't want to share it with strangers. meanwhile, appellant has been completely resistant to any possible way to resolve this matter. we tried multiple occasions and were to work out some kind of an resolution it not only of a vent on interested, they have made it clear what no matter what their then i continue obstructing this process. so, i would suggest to matter what was in the permits they would've filed this appeal. i really don't have anything more to add and am willing to take questions. >> anyone up first? i have several. does your client have another property in san francisco?

>> i believe-at least not currently residing in the country i believe is south of san francisco at the moment. he is-is myers in its temporary housing that he's waiting for this to become available so that he can move into his own >> does the own any san francisco in other than this property? >> not that i'm aware of >> when he purchased the property duty-the listing agent? i don't see another agent. >> the property was rc but as a short sale. i believe there was a joint brokerage agreement was part of it. that's part of the problem here is that in the sales contract it says it's one to be delivered vacant. however it wasn't >> the other question i have prior to closing there's a five day walk through of the property. did your client ever inspect the property? >> my understanding, no, the property was not inspected article.

>> so the your client closer property without doing any visual inspection. >> that is my understand your >> also, are you aware of the- >> i recall this concert could have the five-day provision in it?. it's a short step. visit do have a full ca are some pretty sure that's in it. >> okay >> are you currently aware of the work is being performed without permits? >> i'm not aware of any work is performed without permits. frankly considering the litigious nature of the appellant if there was such a matter unsurprised if not taken action regarding it. my understand is no notice of violation on the property right now. as far as the allegation that they would obstruct back >> i got my question answered. thank you. >> thank you. if we could hear from the department now. >> mr. sanchez.

>> thank you, good evening scott stan sanchez planning department. of the pretty break. the permit was reviewed by the planning department in the middle of december were the illegal unit. this scope of work as stated on the permits was to remove the kitchen that convert the bedrooms two bedrooms in the ground level to storage. their plans on file with that permit as well. it does seem that at the time about everything was reviewed appropriately, at least at our level. the department of the inspection may have concerns about what was shown on the plans and not shown on the plans, but the intention to recent legislation was adopted enacted by the board of supervisors, at the urging of this board last year a letter

sent because we have seen many types of these projects come before it where there has been no notification. so, notification requirement has been imposed. it's been both the building and planning cuts. was adopted as part of ordinance 208 15. it added subsection g to subsection 311 requiring a written and posted notice for removal of units and requiring notification to people who reside even unauthorized dwelling units that became effective on january 8, 2016 after the time we were using this permit, but before the date of this hearing. this is a de novo hearing as i understand where to apply the law of the day which would include this new notification requirement. given those facts it seems the permit that the appeal should be granted and the permit should be denied that the permit should be reapplied for the current notification

requirements in the planning code. in regards to requirements for legalization of units, it is true that currently that is voluntary. there's pending legislation induced by supervisor avalos, and being reviewed by the building inspection that would require that someone seeks a legalized the mobile of-seek to legalize illegal unit before removing it. it's more complicated than that but that's the gist of it. so, that would be the policy shift. generally, we are encouraging retention of units. there have been many programs over the last few years that allow for the creation for legalization of units that could not otherwise be illegal as because of density. unless that was a big problem before. no longer is one. it waved a slew of clinical requirements and were making progress in legalizing units. that's really something that they could avail themselves off to legalize the unit. i'm available for any

questions. >> i've got one. understanding that supervisor avalos has installed or proposed legislation that would require mandatory legalization, greg? >> yesterday require authorization to remove in illegal units and they would have to-the goal be to have them demonstrate they can't legalize it. so the burden would be you have to go to a commitment conditional lease process to remove in illegal unit. >> so, how does that work with planning in respect to say, someone has a property and you may have five illegal units in there and the zoning is single-family. if they're able to do the property codes, does that mean you now can put six units in it? >> no. the final details they cannot completely worked out but they would have to be

legalize civil. in this case the unit can be legalize. this would be something that it's not in excess of the density that you could legalize because you're allowed to legalize one units over the density. so, they can easily do that. our department would likely recommend that they legalize that units. it seems is something to be fairly straightforward >> the last question i have, mr. sanchez, regarding the within windows in the façade has changed. i would both be a dbi as well as a planning notice of violation, greg? >> fishing with building permits without permit it would have concerns about it if they did not do proper replacement of the wood windows. i would note the mothers of permitting from 2003 for windows replacement of nine windows. there's a view from the street.

i tried to look at some historic photos wasn't queer and queer tomatoes illegal window placement has occurred that something would need to be further investigated i don't see any immediate evidence of that. >> thank you. >> inspector duffy. >> good evening, commission should joe duffy dbi. the building permit demolition the kitchen the legal two bedrooms converted to storage was issued as a permit on 15 december 20 15th it is approved by city planning as you heard in our dbi slant check. just a couple -there are no active compliance assertions that was work done without a permit reported to dbi in the form of a complaint.

we will look into that. for windows or whatever work they've done. the other properties as well it was alleged was work done on those we would be welcome to assign and a sector investigate that as we do on a daily basis. the just looking at the plans there in the brief, the one thing i noticed was that the attorney is saying that they're bringing the earlier back to this last legal you get there taken out a stove it looks like an removing some cabinets. taking out two beds. saying that the last legal you. with all those rooms down there not labeled as stores. i'm not so sure and there's a bathroom down there as well-i do know that property-most of those properties when they were both had one bathroom. the two-story with one bathroom and very few have a legal bathroom on the ground. the bathroom on the plans is not referenced as being altered. so, i'm not sure

if more research needs to be done. the other thing is, where the storage rooms partially constructed with a permit and it's divided up as you can see. i can put it on the over it to let you see what i'm referencing.in this area. this is showing a bathroom. there's no reference to on the building permit. i don't know if that was legal or not. again, these areas on the existing plan is his bedroom, bedroom, existing kitchen did no order call a storage room. storage room. it was some sort of a hallway here and then this area here come up i think they take out the cabinets but i'm not sure. so,

is that the last legal use, i don't. that's what their plans are to train. we take people at their faith they cement plants that are showing in accurate condition, but sometimes in the past we have seen this done and then we signed off and then it just changes back to what it was again. so we might need and do more research that the storage rooms were actually existing because most of these houses in my experience you have a garage and have a full basement pretty open to either house like that. unless you want to put in this divider wall and split these up which is fine, but again, there is no evidence anywhere this was actually where this property was built originally or any subsequent permits. since new construction to divide the ground floor up into a hallway to my three storage rooms and a bathroom. just something i spotted when i was researching.

i am available for any questions. >> mr. duffy, other than that 2003 permits that mr. sanchez talked about, no research has been done to see if there were any permits done in the last whatever number of years that would've created the structures on the? >> no, i do not do any research. not yet. >> so, if properly executed after was demolition, then what you're saying we would expect everything that's down in that basement to disappear as part of the demolition? including the bathroom unless the bathroom was previously permitted as noted in research? >> yes. if they're going to do

this part of the demolition i mean to waste of time to do. you do it once also. legalize it do whatever you want to do. mr. moskowitz did hani 83-the romo reported in 1945 there was a fire at the get we did get a cfc for that one family drunk but that didn't happen the plants that are not really that good. sometimes we can look up the city assessor's records to the number of rooms, which would cause the bathrooms, but there was a permit in 0349 windows and a new moving permit and 99. in 87 they did a kitchen. with some dry rotted windows. so the permit history is pretty good but i don't know what was done on the ground floor. >> is it clear whether that kitchen was permitted on the top part quickly

>> probably up stairs i would agree it is probably wise result because they spent the money. might be a few questions with it. the notification process you heard about from mr. sanchez good dbi has one as well that came in after this permit got issued. it got adopted in january. that's another thing dbi is doing on notification. because of the illegal units for the tenants. >> i've a question. because of the new legislation that has passed from a it indicates once of the single-family residence that once they have booted out or close those illegal rooms down there no longer able to put them back in. is there something in-i'm asked the same question planning as well-is there something in dbi computer will now stipulate that so if in the future this property changes hands again it comes back being red tag not the type

but not being able to apply for permits on the lower level? >> that's a good question that i don't know to be answered to that. i know there's been a lot of legislation brought in discussions and planning and building i think planning will oversee that more than us because usually when you come in for the building permit to do any work on the ground floor of the building it would go through planning first on the zoning and everything and then the use and then would go to the building department for the. we would always route that thing to planning. maybe mr. sanchez can speak on that >> because in the past when we have big surge was a lot of special restrictions that were noted in property deeds, and now with new legislation those are no longer in effect. so maybe mr. sanchez can, and that as well >> it's a pretty new thing even today when i was researching like at some trouble dbi just getting paperwork. because everything is in. so there is things in

place but not everyone is up to speed on it just yet. we are aware of it and we think there's things that everything is being done correctly after the need new legislation came in but a lot of it is new. as you know illegal units are hot topic. he took >>. we took mr. duffy your new superduper computer system should take care that should net? i have a question. >> i'm not involved in the program. i'm looking forward to. >> i think, historically, we've had elimination of or reduction of units whether a legal or not. that other nation

in reduction has taken a number of different courses. sometimes it involves the illumination of all the utilities to the source, right versus what's alleged in terms of the cabinets and other things. i don't recall bathrooms being a big issue, although it has been brought up before in terms of production from a full bath to a half-bath. historically, we've gone through those kinds of positions >> you are definitely right on appeared on this permanent building permit as well would require separate birds of building permit to remove any illegal wiring or plumbing worked back to the source. that usually is to the source. that has to be done and that's it good point commissioner fung. the bathroom, you're right

there's not usually as much attention paid to those. there is some rooms with planning departments in regard to a full bath and a half-bath on the ground for. then of course the access, the direct access to the exterior and then the communicating between the floors mr. sanchez knows all about that but there is that,, some rooms but again what i'm saying here is that when you're legalizing removing stuff on the ground floor and be something that you legalize. that bathroom may not be legal but there's a chance to do. they could do it under a separate permit theoretically but i think it's definitely a question that went okay taking care of the kids. with the bathroom put in without a permit, was it not, we don't know. >> we can take public comment now. whoever would like to speak least afford. forward. please step forward. >> good afternoon good everyone in the room, my name is kept only nobody can. otto

came to my house in 2012 and he told me he wanted to buy my house to move in his family. however, it was actually the otto. his sister that was buying the house. i was told and just finished a three-week trial against the [inaudible]. the jury ruled against [inaudible] for fraud, then breach of duty. it's the same agent as in this case. i'm still trying to see so i can i can say too much about this case, but i want to inform the court that his family will move

in, but it does not mean it is true. thank you. >> thank you. >> any of the public comment? seeing none, norther public comment on this item we will start with our rebuttal, mr. you have 3 min. mr. >> thank you. i do want to say that the claim that mr. sam wants to move in to replace that he never checked out before buying is dubious at best. i actually would like maria, the tenant to speak. >> my name is maria dallas. >> maybe we can even estimate if needed. >>i definitely think that sam

is not intending to move in to my home. because of that people coming in to see the place. potential buyers. >> my understanding is also sam as the owner of the building , he did know that there were people living there. before sam

was represented by this attorney another attorney came to the house and offered me $3000 to leave the house. because sam did not want any problems. and i did not want that money. that's all. thank you. >> i have a question. did she ever meet mr. sam? >> no. >> no conversations >> only his wife >> so she did meet his wife? >> yes. >> okay, thank you. >> thank you. >> how much time is left? >> i just want to point out cfc does require the rules for the city do require six cfc for unit removal. it is a full

bathroom not a half-bath. that was built without a permit and the windows, i know i'm not from 10 years ago. planning has a good resource where you can go back to-three years and two years ago on the planning website they have would've windows. so these were placed within the last year. thank you. >> we can hear rebuttal from the permit holder. >> thank you, ladies and jim a belief brief rebuttal. again, but we've been seeing is a focus on the people not on the law. as far as ms. boykin, i really don't know anything about her plans. i never met her before so i cannot speak to them. i will note she indicated her litigation was not against mr. sam. it was against a agent who she says is the same agent as in this matter. i agree, i really don't think it has anything to do with mr. sam. as

far as the allegation that the final completion is required, in my brief, we go over what's not required. just simply restoring back to last legal condition and as far as this issue of the bathroom downstairs, mr. duffy even indicated that no evidence to indicate that bathroom wasn't part of the original construction. he says it may be unusual for that type of home, but they can't find any evidence regarding it. ever, i would suggest the issue of the bathroom really is irrelevant to our proceedings here. no one has been able to produce any evidence that bathroom was not part of the original construction. it was not part of the permit that was applied for here. as far as the issue of the ancillary permit, the plumbing electrical permits my understanding is the typical procedure is to first get the demolition permit and then seek the additional permits before undertaking that specific work.

so the argument that by not seeking every additional ancillary permit at the outset somehow invalidates the instant permit i think that is incorrect. in fact the motion permit can be sought and pulled first, and then plumbing electrical permits can be pulled later. that's it for my rebuttal. thank you much >> i have a question. these omitte a purchase a in your brief but i see it's been whited out. >> on the first page? >> at this point i don't know what's been whited out and what is not in whited out. you get his adopted agreement >> in the brief i specified it has been redacted. the first page knows my decision but i redacted out the financial terms of it. i didn't think they were relevant to this proceeding and i did that or protect the privacy of the parties. that was my decision. that do not come from mr. simpson delivered actions made

were as to the actual purchase price. that's it. >> so were the realtors who handled this? >> it was fidelity brokers >> they represented both parties on this? >> yes, they do >> there is only one buyer on this, see one name on it but as far as the titles there's only one buyer on this? >> yes, it's just mr. sam. >> thank you. >> thank you. we will hear from the other mr. sanchez. >> scott sanders sanchez planning department. i believe i don't have much to back it i did look at our profile from the assessor's office and says there's one bathroom in the property. i would assume that's in the upper level not in the basement. i don't have anything

to add to the noticing comment i made earlier that the project does require notice. that's a code requirement. it's minor standard must be applied as such the permit should be rejected but i'll answer any question. i know commissioner honda had questions maybe earlier >> i mean, so again regarding the restrictions because of new legislation has been enacted, is there something that will come up on your website or dbi's website. further development but that lower section if they choose to move that area? >> are you saying if the permit is denied here and they come back in for new permit- >> let me clarify. for example the permit is upheld and allowed to remove the illegal work that's been done. the way the new legislation is written there not able to ever put that back in. correct?

>> correct. they cannot add a dwelling unit that given the density and rh-one disc. big illegal is that as a second unit but once it's gone it can be restored under the current zoning under the current requirements. they can develop space on the ground floor in accordance with the current zoning, which would allow the bathroom and bedrooms at the lower level under planning to. it just would not allow the kitchen which is one of the linchpins for creating a second. >> in the past with special restrictions imposed but is a deed restriction. is that going to be the case in this current- >> no. that's not standard practice them. it has not been standard practice when baby removal of illegal units were we would put a restrictions aim is limited to a single family dwelling. that's no longer the practice has not been for probably a decade or two. we realize just on the fact of the zoning and actually, they just usually what the state the

light is entering >> when you see properties that have special restrictions, does that of any enforcement or any beef to it now with this >> it depends on what the special restrictions but let's say we had someone that came in the decade were t wrote go for rooms on the front for and rh-two district where consumer was going on with second floor could be construed as illegal units to clarify this a single-family loan. they could come in now and do a second unit there because the zoning would allow that. we want to clarify the record we spent that notice a special restrictions but there's nothing in the lotto prohibit them from developing the property >> normally what you saw was that special restrictions no habitation or no one could live on that level? so that has no meaning at this point? speed it would depend but it was

imposed by the planning commission by another review of the process. i think we want to look at the cases. i'm tempted to say it is not by but generally if the building allows you to develop it as a process to remove that. >> thank you very much. >> inspector duffy. >> commissioners, joe w dbi. i don't have much to add. i don't think i said the bathroom on the ground floor was legal. i just do not have that information. however, mr. sanchez is able to look up the city assessor's records and shows the building has won legal bathroom. sometimes we use that but that's what the assessor's records have as one bathroom would you be the bathroom on the second floor i would imagine. >> mr. duffy, does that mean they should be removing it? >> they could adjust it that i have to address it out it just a point of order when you're taking care of the kitchen but don't you get the bathroom

legalized if that's the right thing to do. but they didn't put it on there. it's a good time to do it. they could do it under separate permit of course. >> businesslike selective demolition? it's like the reverse of serial promoting. i am trying to take this illegal unit that i like this part some going to because i like this part some going to keep this. if you do demolition of illegal units would seem to me that you would have to demo the entire thing. you would not have a choice am going to keep that bathroom especially since we know it's illegal in the first phase. >> it's pointing to that the assessor's records and we use that a lot in determining what we don't have a plan going back on an old dumb. there's never any drugs. so we have a lot for

determining number of units. number of rooms. the bathrooms. as well. so, selective demolition, you could say it is that. he's taken up the kitchen, but leaving everything is. i don't know what the number of rooms were on the ground floor before. we are allowing them to keep these rooms as storage and keep the bathroom but we don't know it was illegal or not. it's not-it just a point to make. i'm not saying there is no notice of violation of property making him do that from us. i just want to point it out to the board. >> thank you. >> commissioners, the matter is submitted. >> so, regardless of anything else that is the permit is love because the proper notice wasn't given to the tenant. i would move-well,

>> i would make a motion >> all moved to hold the appeal and deny the permit on the basis that tenant was not properly noticed about the issuance of the permit >> you mean revoke the permit >> excuse me. revoke it. thank you. >> weave a motion than by commissioner lazarus to grant the appeal and deny the permit. on the basis that the tenant was not properly notice. under the current law. >> correct >> on that motion, vice president fung aye, honda aye wilson aye swig got. that motion carried 5-0. commissioners, the last item on your calendar is the board consideration of the budget proposal for fiscal years 2016-17 and 2017-18. you have a set of slides, if

you will or pages that outline my proposal for these budgets what i thought i would do is give you a brief overview of the status of your current year budget and then explain the proposal for the next two budget years. a few months back, when i was giving you the annual reports i mentioned that there was a proposal about making our budget a two-year fixed budget. that legislation did not move forward. it's been tabled so were still on a rolling two-year budget cycle. we are not doing a two-year six budget and what you have before you is a rolling budget. the first two pages of the handout are familiar to him not to go into them in great detail due to information of our two revenue streams or charges apply to current application that citywide and filing fees. there is also information about the expenditure budget and how is divided off. we still have a

pretty similar ratio expenses as we have been in past years. the majority of our budget covers salary and fringe benefits for staff and the rest , the majority of the west goes to work orders for other people but our city attorney and smg tv department of technology and the little bottle money we spend for other services we get outsourced for some infrastructure material. if you look at page 5 of the handout is he met projections for appeals for the current year. it looks like we'll probably come in right around the 10 year average of 188 appeals for you. might go a little higher than that. just yesterday we received 10 new appeals, all of three removal permits that we heard together. so, but we been getting unusually this year these large chunks of appeals all once so they're making our numbers change a little bit. right now

we have 134 appeals year to date as we made up going a little higher than the 10 year average. looking at occurrence year budget revenue respecting surpluses about revenue stream for filing fees. we may be at size 47-50% are projections and i think that is in large part due to those 35 find permit appeals that gave us almost half of our filing fee budget in one fell swoop. we are also looking at a surplus in surcharge revenue if we continue to generate that revenue as we have been so far year to date and so we might end the year with about $123,000 in surplus revenue. on the expenditure side, we are excepting some expenditure savings. we get us to staff vacancies as you may recall in

the beginning of the fiscal year to have some salary savings there. we have also projected some savings in our sfgov tv expenditure. we'll have a little flexibility in outline item because we don't know along our board meetings are going to run and how much going to cost to cover us. you're today, we are doing quite well in terms of our city attorney hours.i'm not sure if oregon and a year quite as well as we been going so far. i have some news for you on that front. a deputy city attorney robert ryan is going to be moving to some different assignment. we are going to have a new attorney tom owen is here now. he may not be here long term but he'll be here for a while. eventually, will be getting a new attorney. sometimes we have a new attorney depend on how familiar they are with the board, our expenditure for that particular line item may go up a little bit because they've a learning curve. >> do not differ in price based on expense, right >> they actually are differently price. based on expense. that my changes well.

>> ever hear of billable hours quicker >> that's a little bit interested i'm also expecting a sensor savings on specialized service line item. again we were little wiggle room in that area. we use that money to pay for the majority of them i goes to pay for the company that gives us the neighborhood notification materials and so depending on how many appeals or how complex those are, it depends on how much will spend. i do expect we'll have about $67,000 or so in expenditure savings. if we combine that with the surcharge and filing fee surpluses were looking at about $190,000 in surplus before the year is over. hopefully, we will find ourselves ending the year in the black and if we do we'll put any of those funds in our rainy day fund in case we find

ourselves in a different circumstance sometime down the road we need to get some extra help. turning to the budget for the next two fiscal years, starting again with revenue, we do get most of our funding through surcharge revenue and the rate for the surcharge is that each year a fresh. so we get some information about our peel volume. we get information aware the appeals are coming from and also from the various departments on projected permit applications volume. all of that information is combined to figure out whether or not the surcharge rate should be adjusted. that analysis happens a little later in the cycle and also at this point in time there is no hard data on that but were not expecting there to be a need to address the surcharge rate. if that does happen, the controller can adjust it by the rate of inflation and higher adjusting is needed then we would need legislation. so that would come a little bit later in the legislative prospect >> me interrupt you. i was confused by this now i think i understand. you are saying your

proposed budget anything would be status quo, but if things changed in the process of the budget getting approved and we wouldn't have a deficit, then the controller's office would adjust the surcharges? >> this to pieces. i can understand why might be confused. the first piece i'm talking about is the rates. how much do each of the individual coming together to get a permit pay for their surcharge. that adjustment, if there is one need would be worked out a little later in the process. i don't think we will need one based on what our budget proposal is. if we were to get data back from one of the departments that said we think would have a significant decline in the volume of permit applications, next year, then we would to maybe adjust the rate to still recover the amount of revenue we need to get from that particular departments. or, if the volume of appeals for one of the departments shoots up dramatically then maybe their share of the

board's budget needs to increase. so, that's that these were not 100% clear on that comes a little bit later in the process. what i am suggesting, however, we make a small adjustment in the projected revenue. not in the rate, not in what we charge the individual but in how much we project were going to recover from surcharges. i want to do that because our expenditure budget is going to grow up a little bit. i want to make sure we read balanced budget and because we've had surpluses in our surcharge revenue the last couple of years and were projecting another one this year, it seems reasonable to increase the projected revenue from surcharges to cover the increase in expenditures >> there's a little bit of a dark throw right? i mean, >> yes. i feel very comfortable with it given what we have in terms of surpluses in the past two years and in terms of what the increase amount would be. >> but it is a projection

quivers >> it's absolutely a projection, that is correct. last year we had $134,000 surplus in surcharges. the year before 133. the year before that 99,000. so, were looking at 29-23,000 in the two-year did it this small amount but yes, it is always a question mark in any year. >> sure. i was confused by the rates and the revenue question. >> so, that sort of my-that covers the surcharge issued on filing fees am not suggesting any change because that's a small portion of our budget and we do tend to come up with a much around where we project although this year may be a little bit unusual. >> am i to assume that in 2008-2009 filing fees surcharges and everything else went down with the economy? >> yes >> at that time just projecting into the future, i

don't know when another downturn is going to come but as your projecting budgets, did you-were you able to get a hint that something was askew before the fiscal year 2008-29 to adjust that were did you get caught and like most everybody else? >> there were definite there were deficits not and 20 weight-2009 but earlier. at that time we had to take money from the general fund to cover our expenses. now we have our rainy day fund designed specifically to avoid that scenario in the future so that we would have a little bit of a state in the count waiting for us in case we do find ourselves in that circumstance again. the projections are really only as good as the city is able to project in terms of recession in building activity and permit

application activity. it definitely is a risk. so, on the expenditure side, as i said before we are looking at small increases in both budget years 3.2% for the first year, which is about $29,000 and 2.4% in the year to which is 23,000. these are all mandatory increases largely related to salary and fringe benefits. there's a little bit of an increase also with respect to the board's share of the cost to replace the city's financial system. the city is going to big effort to replace a very antiquated system and we all have to pay a piece of it. this would be our peace. that's the increase for the services of other departments. >> is that allocated proportional to the province budget somehow >> it is. our share is very small compared to most of the departments. so, my

recommendation then would be to increase the surcharge revenue projections as i've described to work with controller's office and mayor's office as we do on the surcharge analysis to see if there's any need for legislation to change the rates and then of course to continue to work closely monitoring our expenditures to make sure that we don't exceed our budget. there are some budget detail pages follow if you want more of the numbers good i'm happy to answer any questions you have and of course hoping for a motion to adopt these proposals. >> any questions? >> maybe more of a rhetorical question. it has been several years since i said this. we been talking about reducing a surcharge because the cost of business for permits and stop is high now, but you know when

you look at these numbers, even if we reduced it doesn't get far in terms of what the other departments that budgets in excess of 20-$30 million. >> i'll make that motion to accept the budget. >> is there any public comment? seeing none, on a motion to adopt the proposed budget, as president fung aye lazarus aye wilson aye swig aye. thank you so much. that motion carried 5-0 and there's no other business before the board tonight. >> >>[gavel] .

>> san francisco parking authority commission for thursday, february 4, 2016, ms. bloomer call the roll director borden director heinecke about will be oobsz director brinkman director ramos director nolan director rubke mr. chairman directors we have quorum item 3 electronic devices. any person responsible for disruption may be asked to leave the room. set cell phones on vibrate, the vibration could cause an interruption in the proceedings.